ABDUL WAHID Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition directed against the order made on 29th May, 1970, by the Collector under Section 18 of the Land Acquisition Act (hereafter called "the Act") dismissing the application as being barred by time was filed under Section 18 (3) of the Act read with Section 115 of the Civil Procedure Code. It is conceded that no sub-section (3) was enacted by the Central Legislature in Section 18 of the Act and the sub-section relied upon was introduced by the Punjab Legislature.

(2.) Even where a State Legislature has the right to legislate on any subject covered by an entry in the Concurrent List its enactment will be effective only within the scope of Article 254 of the Constitution of India. That provision is:

(3.) The impugned order by the Collector was not passed in the course of any proceedings before any court functioning under the Act. Section 115 in the Civil Procedure Code could not have been invoked in respect thereof. The Punjab Legislature for that reason added sub-section (3) in Section 18 of the Act. It is, however, not shown that the said provision has been made applicable to the Union Territory of Delhi.