SHANKAR RAO Vs. LAND ACQUISITION OFFICER BIDAR

JUDGEMENT

(1.) The petitioner is the owner of certain lends in Survey No, 8 measuring 13 acres and 13 guntas of Kamalnagar village in Bidar District. It has been notified for acquisition for establishing a Sub-Market Yard of Kamalnagar. He has challenged the same contending that the procedure to be followed is the one prescribed for Companies because under Section 9 of the Agricultural Produce Marketing Regulations Act 1966, a Market Committee is a Body Corporate.

(2.) The thrust of the argument is that a Body 'Corporate is a Corporation and a Corporation is a Company as defined under the Land Acquisition Act as in force, as amended by Karnataka (Amendment) Act, 1961.

(3.) The argument is stated only to be rejected. Any Corporate Body under a statute is a Body Corporate having perpetual seal and succession capable of suing or being sued. But, it does not ipso facto become a Company incorporated under the Companies Act or the Banking Companies Act. They are statutory Corporations which are similar to the companies which are aiso body corporates. Under the special definition of the word 'Company', in the Karnataka'(Amendment) Act, 1961, various body corporates are brought within the inclusive definition of companies, such as a Co-operative House-building Society ; but a statutory committee like the Agricultural Produce Marketing Committee is not one of those included in the list of such body corporates. Therefore, the contention must necessarily fail.