Judgement

BHARUCHA, J. :- This appeal by special leave is filed by the State of Tamil Nadu against the judgment and order of the High Court of Madras dated 9th September, 1981, whereby the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, was struck down as being ultra vires the Constitution of India. The High Court came to the conclusion that the said Act did not enjoy the protection of Arts. 31-C or 31-A and that it was violative of Arts. 14, 19 and 300A of the Constitution.

2. Learned counsel for the appellants submitted that the said Act was not violative of Arts. 14 or 19 or 300A and that, in any event, it was protected by reason of Art. 31-A. Learned counsel for the respondents submitted that the said Act was violative of Art. 14 inasmuch as it was enacted to acquire lands for a purpose which could as well be served by the provisions of the Land Acquisition Act, 1894, and that a comparison of the provisions of the said Act with those of the Land Acquisition Act showed that the provisions of the said Act were far harsher insofar as the land owner was concerned. Learned counsel for the respondents also submitted that the said Act did not enjoy the protection conferred by Art.31C not withstanding the declaration in that behalf contained in S. 2 thereof.

3. The said Act contains in S. 2 the declaration aforementioned, namely, that it is enacted to give effect to the policy of the State towards securing the principles laid down in Part IV and, in particular, Art. 46 of the Constitution. It is enacted to provide for acquisition of land for Harijan Welfare Schemes.

4. Section 3 of the said Act is the definition section. It defines Court to mean, in the City of Madras, the Madras City Civil Court and elsewhere, the Subordinate Judges Court having jurisdiction. and if there is no such Subordinate Judges Court, the District Court having jurisdiction. A "Harijan Welfare Scheme" is defined to mean any scheme for provision of house sites for Harijans, for constructing, extending or improving any dwelling house for Harijans, for providing any burial or burning ground for Harijans, for providing any pathway leading to such dwelling house, burial or burning ground or for providing any other amenity for the benefit of Harijans. Sections 4, 5, 6 and 7 of the said Act read thus :

"4. Power to acquire land ( (1) Where the District Collector is satisfied that for the purpose of any Harijan Welfare Scheme, it is necessary to acquire any land, he may acquire the land by publishing in the District Gazette a notice to the effect that he has decided to acquire the land in pursuance of this section.

(2) Before publishing a notice under sub-sec. (1), the District Collector or any officer authorised by the District Collector in this behalf, shall call upon the owner or any other person, who, in the opinion of the District Collector or the officer so authorised may be interested in such land, to show cause why it should not be acquired.

(3)(a) The District Collector may, where he has himself called upon the owner or other person to show cause under sub-sec. (2), pass such orders as he may deem fit on the cause so shown;

(b) Where any officer authorised by the District Collector has called upon the owner or other person to show cause under sub-sec. (2), the officer so authorised shall make a report to the District Collector containing his recommendations on the cause so shown for the decision of the District Collector. After considering such report the District Collector may pass such orders as he may deem fit.

5. Land acquired to vest in Government free from all encumbrances - When a notice under sub-sec. (1) of S. 4 is published in the District Gazette, the land to which the said notice relates shall, on and from the date on which the notice is so published vest absolutely in the Government free from all encumbrances.

6. Right to receive amount - Every person having any interest in any land acquired under this Act shall be entitled to rec