Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Land Reforms Act ss.2(5) and 81(1)(q) Beneficial legislation commercial site’ 1963 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | erala Land Reforms Act, 1963 – ss.2(5) and 81(1)(q) – Width and amplitude of the expression ‘commercial site’ – Appellant requested environmental clearance to carry out quarrying operations on land – Permission was granted – Writ petition was filed by Respondent Nos.1 & 2 – Respondents objected that the land in question cannot be used for a purpose other than plantation, especially for quarrying operations – Single Judge of the High Court doubted the correctness of the judgment passed by the Division Bench of the High Court in State of Kerala v. Mohammedali Haji, which held that quarry falls within the ambit of ‘commercial site’ and it was exempted from the applicability of the Act – Single Judge referred the matter to the larger Bench – In the larger Bench, the majority opinion was in favour of the Respondent Nos.1 & .2 and held that land which is used for quarrying is not covered by the expression ‘commercial site’, therefore, there can be no exemption of such land from the Act – On appeal, held: There is a definite distinction between the expression ‘lands’ and ‘sites’ in the context in which they have been used in the Act – Commercial sites read along with the other clauses dealing with sites clearly indicate that land occupied by structure is described as ‘site’ – The expression ‘commercial site’ cannot take into its fold vacant lands, including lands used for the purpose of quarrying – It has a restrictive meaning in comparison to the other categories of ‘land’ in s.81 – Therefore, quarry cannot fit into the terms ‘commercial site’ – There is no error in the majority opinion of the Full Bench of the High Court – Appeals dismissed. Interpretation of Statutes – Beneficial legislation – Held: Provisions of a beneficial legislation have to be construed with a purpose-oriented approach – The Act should receive a liberal construction to promote its objects – Also, literal construction of the provisions of a beneficial legislation has to be avoided – It is the Court’s duty to discern the intention of the legislature in making the law – Once such an intention is ascertained, the statute should receive a purposeful or functional interpretation – Exceptions to beneficial legislation should be narrowly interpreted. |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2019 INSC 1100 |
Petitioner | K. H. Nazar |
Respondent | Mathew K. Jacob & Ors. |
SCR | [2019] 14 S.C.R. 928 |
Judgement Date | 2019-09-30 |
Case Number | 7699 |
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