| Headnote |
Bangalore Development Authority Act, 1976: s. 19(1), 27 and 36 Applicability of provisions of s.11 - A of Land Acquisition Act, to BDA Act -HELD: Object of the - BDA Act being planned development, acquisition is merely incidental-Acquisition stands on a completely distinct footing from the scheme formulated which is subject matter of execution under provision of BDA Act -A conjoint reading of ss. 27 and 36 of BDA Act makes it clear that where a scheme lapses, the acquisition may not -Whereupon completion of acquisition proceedings, the land has vested in the State Government in terms of s. 16 of the L.A. Act, the acquisition would not lapse as a result of lapsing of the scheme u/s 27 of BDA Act-Neither of the Acts contain any provision in terms of which property vested in the State can ~ be reverted to the owner- This being the scheme of the acquisition within the framework of the BDA Act, r/w relevant provisions of LA Act, it will not be permissible to bring the concept of 'lapsing of acquisition' as stated in provisions of s. 11-A of L.A. Act into Chapter IV of BDA Act -Language of s.36 of BDA Act clearly mandates legislation by incorporation and as per the scheme of the two Acts effective and complete implementation of State law without any conflict is possible. The provisions of ss. 6 and 11-A of L.A. Act which provide for time frame for compliance and consequences of default : thereof are not applicable to BDA Act -BDA Act is a self- contained code -Interpretation of Statutes -Legislation by incorporation-Constitution of India, 1950- Article 246 and 254- Seventh Schedule -List II – Entries 5 and B – List III, Entry 42. Constitution of India, 1950: Article 246, Seventh Schedule, List ff/, Entry 42, List II, Entries 5 and B - Acquisition of land under Bangalore Development Authority Act, 1976 -HELD: BDA Act provides for formulation and implementation of schemes relating to development-Acquisition of land is neither its purpose nor its subject, but is merely an incidental consequence of principal purpose of development of land -The State Legislature is competent to enact such a law and it is referable to power and field contained in Article 246(2)r/w Entries 5 and 18 of List II of Seventh Schedule -Entry 42 of List III relates to' acquisition and requisitioning of property'- Development is not a subject that finds a place either in the Concurrent List or in the Union List -It cannot be said that Entry 42 of List III denudes the State Legislature of the power to the extent that in an enactment within its legislative competence, it cannot incidentally refer/enact in regard to the subject matter falling in Concurrent List. Article 246, Seventh Schedule, Lists I, II and III - Legislative power of the Centre and the States -HELD:It is the essence of a Federal Constitution that there should be distribution of legislative powers between the Centre and the Provinces-Entries in the legislative Lists are not the source of power for the legislative constituents,but they merely demarcate the fields of legislation- The power to legislate flows, amongst others, from Article 246 -Land Acquisition Act relates to Entry 42 of List III while BDA Act is relatable to Entries 5 and 18 of List II - Doctrine of separation of powers. Article 254 -Rule of repugnancy- HELD: Repugnancy would arise only when the provisions of Provincial law and those of Central legislation both are in respect of the matter A enumerated in concurrent list, and they are repugnant to each other- To examine the repugnancy the doctrine of pith and substance is to be applied-Doctrine of pith and substance, overlapping and incidental encroachments, are in fact species of the same law - Repugnancy would arise in the cases where both the pieces of legislation deal with the same matter but not where they deal with separate and distinct matters,though of a cognate and allied character - To the doctrine of occupied field resulting in repugnancy,the principle of incidental encroachment would be an exception- On due c application of the principle, BDA Act is actually referable to Entry 5, List II of the Seventh Schedule- Even if s.36 of BDA Act is said to be traceable to Entry 42 of List III, in that event this reference would have to be suppressed to give weightage to provisions aimed at development referable to Entries 5 and 18 of List II - Doctrine of pith and substance,overlapping,and incidental encroachment, doctrine of ancillariness, Concept of fragmentation (disintegration), doctrine of severability - Discussed-Interpretation of Constitution- Legislative entries. - Interpretation of Statutes-Precedent. |
