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N.L.UNTWALIA, O.CHHINNAPPA REDDY
Deep Chand – Appellant
Versus
State Of U. P. – Respondent
The "three-pronged test" for establishing repugnancy between laws involves assessing whether there is a direct conflict between the laws, whether the legislature intended to occupy the entire legislative field concerning the subject matter, and whether both laws cover the same subject matter. Specifically, the first prong requires that the laws must be in clear and direct conflict, meaning they cannot be harmonized or applied simultaneously without contradiction (!) . The second prong examines whether the legislature has demonstrated an intention to legislate comprehensively on the subject, thereby occupying the entire field and leaving no room for other laws to operate concurrently (!) . The third prong considers whether both laws pertain to the same subject matter, addressing the same issues or rights, which makes their potential conflict or coexistence relevant for determining which law prevails (!) .
JUDGMENT
UNTWALIA, J.:— This is an appeal by special leave arising out of a land acquisition proceeding. The land measuring 28 bighas and 18 biswas situated within the Municipal limits of the town of Muzaffarnagar in the State of Uttar Pradesh was sought to be acquired by a notification issued on the 25th November, 1948 under S. 4 of the Land Acquisition Act. The land was needed for the Muzaffarnagar Housing Co-operative Society. Out of the acquired area of the land a portion measuring 1 bigha and 4 biswas belonged to one Uggra Sen; the rest belonged to appellant Deep Chand. The total area belonging to the said appellant (hereinafter in this judgment he alone will be referred to as the appellant) was 67.872 sq. yards. Out of this, land measuring 61.012 sq. yards was in possession of the tenants and the balance 6.860 sq. yards was in khas possession of the appellant. The appellant in the year 1942 pursuant to an agreement of sale executed by his vendor had purchased the land @ 2 annas per sq. yard. But there was a lot of litigation between the parties as a subsequent purchaser came into the scene and ultimately the appellant succeeded in this Court in getting the land after a lot of
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