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Gauhati High Court · body

1982 DIGILAW 43 (GAU)

Paresh Chandra Chatterjee v. State of Assam Through The Secretary to The Government of Assam, Revenue Department and Another

1982-04-05

B.L.HANSARIA, K.N.SAIKIA

body1982
Saikia, J.:- The writ petitioner herein impugns the order dated 29.11.66 passed by the Deputy Commissioner, Cachar in Requisition Case No. R.C. 7/L of 1966-67 and the appellate order dated 22.11.67 passed by the Deputy Secretary to the Govern­ment of Assam, Revenue Department. 2. An area of land measuring more or less 59 Bighas covered by Periodic Patta No. 69/127 of village Arunaband Grant, Pargana Udharband, District - Cachar, was requisitioned by the impugned order in Requisition Case No. R. C. 7/L of 1966-67 dated 29.11.66 under section 3(1) of the Assam Land (Requisition and Acquisition) Act 1964 (Act XV of 1964), hereinafter referred to as 'the Act', passed by the Deputy Commissioner, Cachar. The petitioner's appeal against the said order was injected by the State Government by order dated 22.11.67. Hence this petition. 3. Mr. P. Choudhury, the learned counsel for the petitioner, submits that the requisition of land for construction of Block Head Quarters and Anchalik Panchayat Office, not being public purpose as defined under the Act, the respondents acted without jurisdiction in requisitioning the land under Sec. 3 thereof for such purpose. Mr. P. Prasad, the learned Government Advocate controverts submitting that requisition of land for accommodation of Block Head Quarters and Anchalik Panchayat Office is for a public purpose. The only question to be determined, therefore, is whether requisition of land under sub-section (1) of Section 3 of the Act for construction of Block Head Quarters and Anchalik Panchayat Office can be said to be for a public purpose. Sub section (1) of Section 3 of the Act reads : "3. Power to requisition.-(I) If in the opinion of the State Government or any person authorised in this behalf by the State Government it is necessary so to do, for maintaining supplies and services essential to the life of the community or for providing proper facilities for accom­modation, transport, communication, irrigation, fleck control and anti-erosion measures including embankment and drainage or for providing land individually or in groups to landless, flood affected or displaced persons, or to a society regis­tered under the Assam Co-operative Societies Act, 1949 (Assam Act I of 1950), or a company incorporated under the Companies Act, 1956 (Act I of 1956). formed for the benefit and rehabilitation of landless, flood affixed or dis­placed persons the State Government or the person so authorised, as the case may be, may, by order in writing requisition any land and may make such further orders as appear to it or to him to be necessary or expedient in connection with the requisitioning : Provided 4. It is not disputed that the Deputy Commissioner is authorised to act under the sub-section. Therefore, if in the opinion of the Deputy Commissioner it is necessary so to doe for providing proper facilities for accommodation, he may, by order 5n writing, requisition any land and may make such further orders as provided therein. The impugned order clearly states that the requisition is for the purpose of construction of Udharband Block Heal Quarters and Anchalik Panchiyat Office. Will it be covered by the expression "for providing proper facilities for accommodation"? Accommodation, according to the Webster's New Twentieth Century Dictionary, inter alia, means the pro­vision of conveniences; things furnished for use, chit fly applied to board, lodging etc. as the accommodation at a hotel. To accommodate is to make suitable, to supply with or furnish. To accommodate, according to Chambers Twentieth Century Dictionary means to make suitable; to adjust: to harmonies or force into consistency: to furnish or supply (with): to find or afford room, etc. Accommodation means supplying of wants (esp. housing or refreshment): a help towards satisfaction of a want: a con­venience: lodgings, quarters; space for what is required. Accom­modation land, according to Osborn's Law Dictionary means land occupied or used in conjunction with other land or premises, as a matter of convenience. Accommodation works, according to Mosley and Whitley's Law Dictionary means works such as acts, objects etc. which the Railways are required to make and maintain for the accommodation of the owners and occupiers of land adjoining the Railway. 5. Requisition of land for construction of Block Head Quarters and Anchalik Panchayat Office will surely be included in "for providing proper facilities for accommodation" of Head Quarters and Anchalik Panchayat Office. Section 3 of the Act does not specify what will be the proposes for which accommo­dation can be provided. 5. Requisition of land for construction of Block Head Quarters and Anchalik Panchayat Office will surely be included in "for providing proper facilities for accommodation" of Head Quarters and Anchalik Panchayat Office. Section 3 of the Act does not specify what will be the proposes for which accommo­dation can be provided. We, however, observe that the Act is "an Act to amend and consolidate the law for requisition and speedy acquisition of premises and land for certain public purposes" Its preamble says : ''whereas it is expedient to amend and consolidate the law for requisition and speedy acquisition of premises and land for certain public purposes". Both under its long title and its Preamble, the Act amends and consolidates the law "for requisition and speedy acquisition of premises and land for certain public purposes". 6. As was observed by Sri John Nichall M. R, in Brott vs. Brott, (1826) 2 Addams 210, 216, - The key to the opening of every law is the reason and spirit of the law; it is the animus impotents, the intention of the law-maker expressed in the law it self, taken as whole. Hence, to arrive at the true meaning of any particular phrase in a statute, the particular phrase is not to be viewed detached from its context in the statute; it is to be viewed in connection with its whole context, meaning by this as well the title and preamble as the purview or enacting part of the statute". So also Lord Tendered said in By water vs. Brandling, (1828) 7 B. & C. 643, 660 : "In construing Acts of Parliament we are to look not only at the language of the preamble of any particular clause, but at the langu­age of the whole Act. And if we find in the preamble or in any particular clause an expression not so large and extensive in its import as those used in other parts of the Act and upon a view of the whole Act we can collect from the more large and extensive expressions used in other parts the real intention of the legislature, it is our duty to give effect to the larger ex­pressions, notwithstanding the phrases of less extensive import in the preamble or in any particular clause". Lord Herschel also said in Colquhoun vs. Brook 889 14 App. Cos. Lord Herschel also said in Colquhoun vs. Brook 889 14 App. Cos. 493, 506 "It is beyond dispute, too, that we are entitled and indeed bound, when construing the terms of any provision found in a statute, to consider any other parts of the Act which throw light on the intention of the legislature and which may serve to show that the particular provision ought not to be construed as it. would be alone and apart from the rest of the Act". 7. We may, therefore, be justified in holding that public purpose is implicit in the expression "for providing proper faci­lities for accommodation". It was held In Jorehaut Tea Co. Ltd. vs. The Land Acquisition Officer, AIR 1972 Gau 68 , that even though public purpose is not added to the word accom­modation mentioned in Section 3(1), it is clear that accommo­dation which is not for public purpose will be foreign to the provisions of the Act, the very object of the Act being to amend and consolidate the law for requisition and speedy acqui­sition of premises and land for certain public purposes and the preamble is also to the same effect. There can, therefore, be no doubt that requisition of land for providing proper facilities for accommodation for a public purpose will be in accordance with sub-section (1) of section 3 of the Act. 8. At the time of requisition the Government of Assam had it Planning and Development Department. As the volume of work under the Community Development increased, a separate Department of Community Project was created. The Community Development Blocks were under this Department and were manned by Block Dev lament Officers who were Government servants. The Community Development Block Headquarters, therefore, undoubtedly were Government offices, la J or eh out Tea Co. Ltd, case (supra) it was held that requisition of land for the purpose of construction of departmental Office building etc., of the public Health Engineering Department at Jorhat was clearly for public purpose. By the same ratio it has to be held that requisition of land for construction of Block Head Quarters is for a public purpose. 9. Ltd, case (supra) it was held that requisition of land for the purpose of construction of departmental Office building etc., of the public Health Engineering Department at Jorhat was clearly for public purpose. By the same ratio it has to be held that requisition of land for construction of Block Head Quarters is for a public purpose. 9. The Assam Panchayat Act, 1959, which has since been repealed by the Assam Panchayati Raj Act, 1972, was an Act to amend and consolidate the laws relating to the Assam Rural Panchayat Act, 1948 (Assam Act XXVII of 1948) and its Preamble said : "Whereas it is expedient to amend and con­solidate the laws relating to Local Self-Government 'm the rural areas of the State of Assam with a view to establishing Pancha-yats and investing them with such powers and authority as may be necessary to enable them to function as units of Self-Government". Under Section 2(19) "Local Authority" included Gaon Sabha?, Gaon Panchayats Anchalik Panchayats, Municipal Boards and Town Committees. Under Sec. 4 of that Act the State Government was to establish a Mohkuma Parishad in each Sub-division and where there is no Sub-division, in each district. Under Section 5 of that Act, in each area declared as Mohkuma Parisbad under Sec. 4, there might be as many Anchalik Panchayats as might be deemed necessary by the State Government; and the State Government by Notification was to declare and publish the names and territorial jurisdiction of such Atiehaiik Panchayats. Section 17 of that Act provided for consti­tution of Anchalik Panchayat. Under Sec. 20 of that Act an Anchaiik Panchayat was to have an Office and an Executive Offices appointed by the State Government, who was to be the ex-officio Secretary and responsible for its maintenance. The Executive Officer was responsible to the Anchalik Panchayat, From the above provisions there can be no doubt that the Anchalik Panchayat office was a local Government office headed by an Executive Officer appointed by the State Government and, as such, it could be regarded as a Government Office. No. doubt, under Sec. 35 of the said Act every Anchahk Panchayat and every Gaon Panchayat was a body corporate having perpetual succession and a common seal and had power to acquire by purchase, gift or otherwise, to hold, administer and transfer of property etc. No. doubt, under Sec. 35 of the said Act every Anchahk Panchayat and every Gaon Panchayat was a body corporate having perpetual succession and a common seal and had power to acquire by purchase, gift or otherwise, to hold, administer and transfer of property etc. and could by the said name sue or be sued and could do all other things necessary for the purposes of that Act. From all these characteristics and functions of the Anchalik Panchayat, which was an organ of the Local Self-Government, we are inclined to hold that requisition of land for construction of Anchalik Panchayat Office would also be for public purpose. The submission that the impugned requisition was not for public purpose, has, therefore, to be rejected. 10. In the result this petition is found to be without merit and it is dismissed. The Rule is discharged. We, however, make no order as to costs.