NDLI: The State of Karnataka & Anr Vs. B. R. Muralidhar & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Acquisition: Karnataka Slum Areas (Improvement and Clearance) Act 20 – Constitutional validity of s.20 of 1973 Act 1973 – ss.17 18
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Land Acquisition: Karnataka Slum Areas (Improvement and Clearance) Act, 1973 – ss.17, 18, 20 – Constitutional validity of s.20 of 1973 Act – Amount payable in respect of land acquired – Acquisition notification u/s. 17 of 1973 Act issued by the Housing Department of State in 2005 – Writ petition filed before High Court contending that notification was issued without adequately considering the objections taken by the writ petitioners and in excess of the power vested in the authority and second plea was about the lapsing of the acquisition which was in furtherance of the show cause notice issued under the 1973 Act – Single Judge did not set aside the impugned notification, however, held that s.20 of the 1973 Act was ultra vires and opined that the method of determining the amount to be paid to the land losers pursuant to acquisition of land was not just and reasonable – It ought to be as per the prevailing market value of the land; and not on the basis of “three hundred times the property tax payable” in respect of such land, as per s.20 of the 1973 Act – And, until a just method for determination of amount was replaced by a law made by the State Legislature, the land losers ought to be paid amount in accordance with ss.23 and 24 of the 1894 Act – Division Bench upheld the declaration given by the Single Judge about s.20 being unconstitutional, however, modified the operative direction given regarding method of determining the amount payable to the land losers and observed that such a direction would be beyond the purview of the Court’s jurisdiction and that it is always open to the State to bring suitable amendment to s.20 – Division Bench noted that the 1973 Act cannot get any immunity under Art. 31C of Constitution since the present Act has been enacted prior to the 44th Amendment – On appeal, held: High Court disposed of the assail to the validity of s.20 of the 1973 Act in a cryptic manner and more so without analysing all relevant aspects needed to be considered by a Constitutional Court to declare provisions enacted by the State Legislature as ultra vires – High Court ought to have examined the scheme of the 1973 Act, its objects and purposes and also whether the payment of amount specified as three hundred times the property tax payable in respect of such land on the date of publication would be a permissible method of determination of the amount or is per se unjust, unfair or unreasonable – Additionally, if the 1973 Act and the provisions are ascribable to the objective predicated in Art. 39(b) of the Constitution, then it would get protection or immunity from challenge in terms of Arts. 14, 19 or 31 of the Constitution – Also even if the High Court was right in observing that the 1973 Act came into force prior to coming into force of 44th Amendment to the Constitution on 20.06.1979, it would make no difference as Art. 31C was already in force with effect from 20.04.1972 to the extent it has been validated by this Court in Keshavananda Bharti – Matter remitted to High Court for reconsideration of writ petitions including question of constitutional validity of s.20 of the 1973 Act – Land Acquisition Act, 1894 – ss. 23, 24 – Constitution of India – Art.19(1)(f), 31C, 39(b).
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2022 INSC 761
Petitioner	The State Of Karnataka & Anr
Respondent	B. R. Muralidhar & Ors.
SCR	[2022] 10 S.C.R. 448
Judgement Date	2022-07-28
Case Number	1966

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