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1988 DIGILAW 598 (KER)

Moosa v. Special Tahsildar

1988-12-08

BHASKARAN NAMBIAR, MALIMATH

body1988
Judgment :- Malimath, CJ. The contention of the petitioner in this case is that the preliminary notification dated 7-2-1984 having been issued when the Kerala Land Acquisition Act was in force in the State of Kerala, no further steps can be taken in pursuance of the saidnotificatipn either under the Kerala Land Acquisition Act or under the Land Acquisition Act, 1894 (Central Act 1/94) extended by Central Act 68/1984 which came into force on 24-9-1984. This contention is not available to the petitioner as it stands concluded by the decision of this court reported in 1986 KLT 57 between Mohammed Sheriff and State of Kerala following the direct decision of the Supreme Court reported in AIR 1985 S.C.1576 between Bagh Singh & others and Union Territory of Chandigarh wherein it is laid down that acquisition proceedings initiated under the Kerala Land Acquisition Act shall be governed by the provisions of the Central Act from 24-9-1984, the date on which the same came into force. The State of Kerala has enacted the Land Acquisition (Amendment) Act, Act 28 of 1985 amending the Central Act in its application to the State of Kerala in certain respects. In the statement of objects of the said Act, this is what is stated: "The Land Acquisiton Act, 1894 (Central Act 1/1894) was extended to the Whole of India, except the State of Jammu and Kashmir by the Land Acquisition (Amendment) Act, 1984 (Central Act 68/84). Consequent on the extension of the Central Act to this State, the Kerala Land Acquisition ACt 1961, which was in force in this State was impliedly repealed from the 24th of September, 1984, the date on which the above amended Act came into force." Thus the State has proceeded on the basis that the Central Act has come into force repealing the Kerala Act. The effect of repeal and re-enactment is governed by S.23 of the Interpretation of General Clauses Act, 1925 corresponding to S.24 of the General Clauses Act, 1897, which provides that unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the repealed Act, shall so far as it is not inconsistent with the provisions re-enacted continue in force and be deemed to have been made or issued under the provisions so enacted. Therefore, it follows that the preliminary notification issued under the Kerala Land Acquisition Act before Central Act 68/84 came into force shall be deemed to have been issued as a preliminary notification under the corresponding provisions of Central Act 1/1894, as there is no express provision to the contrary. Provisoto S.11 A of the Central Act states that an award shall be made within a period of two years from the date of commencement of the Central Act on the basis of the declaration made before the commencement of the Central Act. Declaration made under the Kerala Act is therefore regarded as a declaration made under the Central Act and it is on that basis that an award is required to follow. We have therefore no doubt in holding that proceedings initiated by issuance of a notification under S.3 of the Kerala Land Acquisition Act can be continued and further steps taken in accordance with the provisions of the Central Act 1/1894 as amended by Kerala Act 28/1985. 2. On behalf of the State however it was submitted that the question regarding applicability of the Central Act to pending proceedings is before the Constitution Bench of the Supreme Court and that therefore we should make observations similar to those made in paragraph 19 of the judgment reported in AIR 1985 S. C. 1652 between Chimanlaland Special Land Acquisition Officer, Poona. As far as this court is concerned, it is bound by the decision of the Supreme Court reported in AIR 1985 SC 1576 which has over-ruled the earlier decision of the Supreme Court in AIR 1985 SC 576 and held that pending proceedings are governed by the Central Act. We therefore consider it unnecessary to make observations as requested by the learned Advocate General in this case. For this reasons stated above this original petition fails and is dismissed. No costs.