KANTHIMATHY PLANTATION PVT LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) Special leave granted.

(2.) The preliminary notification of acquisition had been made on 6-5-1980 under Section 3(1) of the Kerala Act, corresponding to Section 4(1) of the Act of 1894. Declaration under Section 6 was published on 2-6-1981. Further proceeding in the acquisition matter was held up on account of a challenge before the High Court by way of a writ petition to the declaration. On 14-8-1984, the writ petition was dismissed. The petitioner has conceded that the Land Acquisition Act of 1894 was extended to the State when the Amending Act of 1984 was brought into force. On 10th of April, 1985, the Land Acquisition Officer issued notice for making of the award. The High Court was again approached for quashing the said notice and the continuance of the proceedings on the footing that in the absence of fresh steps under Section 4(1) and the subsequent procedural steps envisaged under Act 1 of 1894, the award could not be made. On 6-12-1988 by the impugned order the High Court dismissed the writ petition.

(3.) The Legislative Entry for acquisition and requisitioning of property is 42 in List III of the Seventh Schedule. Previously, Entry 33 in List I and Entry 38 in List II of the Seventh Schedule dealt with acquisition and requisitioning in the respective fields. But by the Seventh Amendment of the Constitution in 1956 those two entries from Lists I and II were omitted and Entry 42 in the Concurrent List was inserted. The Amending Act of 1984 has been made in exercise of legislative power vested in the Centre by Entry 42 in the Concurrent List. There was a State Act in Kerala known as the Kerala Land Acquisition Act of 1961 which dealt with acquisition and that had been legislated on the basis of the same Entry 42. Under the Amending Act of 1984, the Land Acquisition Act of 1894 was subsequently amended. Five new provisions were inserted, twenty-one sections were substantially altered, one section was substituted and another was omitted. The Act of 1984 extended the Land Acquisition Act of 1894 to the whole of India excepting the State of Jammu and Kashmir. The provisions were substantially different from the provisions in the Kerala Act. In view of the fact that the Land Acquisition Act of 1894 was extended to the whole of India excepting one State, the Land Acquisition Act of 1894 became applicable to the State of Kerala and in view of the repugnant provisions, in terms of Art. 254 of the Constitution the Kerala Act stood repealed. There is no provision made in the Amending Act to indicate repeal of the State law but application of Art. 254 is automatic to situations where it is applicable and by the operation of the Article the State Act stood repealed and the Central Act became applicable. That such is the actual position is not challenged by counsel for the appellant. In fact, in the notes submitted to this Court that position appears to have been accepted.