1. Dispute over calculation of ceiling area under Pondicherry Land Reforms Act—whether minor sons attaining majority before the notified date should be excluded from family holdings. (Para 2 , 8 , 9 , 10 )
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1994 Supreme(SC) 600
SUPREME COURT OF INDIA
M.M. Punchhi, S.C. Agrawal and B.P. Jeevan Reddy, JJ.
Civil Appeal No. 135 of 1979 and C.A. Nos. 1625 of 1979 and 4646 of 1994
Decided On: 30.06.1994
Government of Union Territory of Pondicherry Appellants
Vs.
Mohammed Hussain (Dead) by Lrs. Respondent
Counsel for the Parties
For Appellant/Petitioner/Plaintiff: A.S. Nambiar, Senior Adv., P.K. Manohar and Shanta Vasudevan, Advs.
For Respondents/Defendant: G.V. Iyer, Senior Adv. and K.R. Nambiar, Adv.
Important Points
The Court held that Section 9(2)(a) of the Pondicherry Land Reforms Act, 1973, only accounts for deaths to reduce ceiling area. It cannot be interpreted to enlarge the ceiling area by excluding minor sons attaining majority or unmarried daughters marrying after the appointed day.
Subject
Land Reforms - Ceiling on Land Holdings
Act Referred
PONDICHERRY LAND REFORMS FIXATION OF CEILING ON LAND ACT: S.6, S.2(4), S.9(2)(a), S.2(2)(4), S.4(4), S.7(1), S.2(1)(o), S.21
Headnote
Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 - Sections 9(2)(a),6,7(1),2(10),2(4),2(24),4,4(4),6,8,8(1),9(1),9(2),9(5),17(1),17(3),21,21(2) - Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 - Section 10,10(2)(a) and (b) - Constitution of India,1950 - Article 39 - Whether Section 9(2)(a) which provides that for purpose of calculating after appointed day ceiling area of a family holding land on appointed day in excess of standard hectares authorised officer shall take into account only those members of that family who are alive on notified date requires that in cases where on appointed day one of members of family is an unmarried daughter or a minor son and said unmarried daughter gets married or minor son attains majority after appointed day and before notified date share of said daughter or son in family holding should be excluded for purpose of fixing ceiling area of family - Act has been enacted to provide for fixation of ceiling on agricultural land holdings and for certain other matters connected there with in regions of Pondicherry and Karaikal - Under Sub-section (4) of Section 2 expression appointed day has been defined to mean day January - Expression family has been defined in Sub-section (10) of Section 2 as under family in relation to a person means person wife or husband as case may be of such person and his or her minor sons and unmarried daughters - Notified date has been defined in Section 2(24) to mean date specified in notification issued by Government under Sub-section (1) of Section 7 - Section 4 fixes ceiling area as standard hectares in case of every person and in case of every family consisting of not more than five members - Held, High Court was in Court opinion in error in not attaching sufficient importance to expression appointed day in matter of calculation of ceiling area and determination of surplus land - It has to be borne in mind that even though Act came into force appointed day is January a date much anterior to date of Coming into force of Act - Reason being that Act has been enacted in pursuance of recommendations made by Central Committee on Land Reforms regarding fixation of ceiling on agricultural holdings - Which has been fixed as appointed day has reference to said meeting of Central Committee on Land Reforms - Significance of appointed day in matter of calculation of ceiling area and determination of surplus land is evident from provisions contained in Section 6 of Act which prescribes that on and from appointed day no person shall except as otherwise provided in Act be entitled to hold land in excess of ceiling area - Similarly Sub-section (1) of Section 7 requires a person who on appointed day land in excess of ceiling area to furnish to authorised officer return in accordance with provisions of said section - Sub-section (4) of Section 4 excludes land which was transferred by sale gift or otherwise or partitioned by a person after appointed day but before commencement of Act - Aforesaid provisions clearly indicate that crucial date for determination of ceiling area that can be retained by a person holding land in excess of ceiling limit is appointed day - There is no provision in Act which provides for recalculation of ceiling area as a result of a change taking place in family after appointed day on account of a minor son attaining majority or an unmarried daughter getting married before notified date - Section 9(2)(a) which deals with changes in family on account of death of a member of family after appointed day but before notified date cannot be construed to cover a change in family on account of a minor son attaining majority or an unmarried daughter getting married after appointed day but before notified date - Moreover object underlying Section 9(2)(a) is to further reduce ceiling area by taking into account a change taking place between appointed day and notified date on account of death of a member of a family - Said provision cannot be invoked so as to enlarge ceiling area by taking into account a change in family as a result of a minor son attaining majority or an unmarried daughter getting married - Court cannot lose sight of fact that Act is a piece of legislation enacted with a view to achieve a more equitable distribution of land for common goods so as to subserve Directive Principles contained in Article 39 of Constitution - Provisions of such a legislation have to be so interpreted as to further object of legislation and not defeat same - Construction placed by High Court on provision of Section 9(2)(a) of Act runs counter to object of Act and Court do not find any indication in provisions of Act which justifies placing such an interpretation on Section 9(2)(a) - Court are therefore unable to uphold view taken by High Court - In our view any change in family on account of a minor son attaining majority or an unmarried daughter getting married after appointed day is not required to be taking into account while calculating ceiling area of family - Appeals Allowed
Legal Category Hierarchy
Advocates:
A.S.NAMBIYAR, G.V.IYER, K.R.NAMBIAR, P.K.MANOHARAN, SHANTA VASUDEVAN
A.S.NAMBIYAR, G.V.IYER, K.R.NAMBIAR, P.K.MANOHARAN, SHANTA VASUDEVAN
Table of Contents
2. Whether ceiling area is determined by the appointed day or the notified date, and if changes in family status between these dates affect the calculation. (Para 13 )
3. The appointed day is the crucial date for determining ceiling area; Section 9(2)(a) only permits reducing ceiling area due to death, not enlarging it via majority or marriage. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 )
4. Section 9(2)(a) of the Pondicherry Land Reforms Act does not allow for the exclusion of members attaining majority or marrying after the appointed day to enlarge ceiling area. (Para 20 )
5. Appeals allowed—judgments of the High Court and Land Tribunal set aside—orders of the authorised officer restored. (Para 21 )
6. Does Section 9(2)(a) of the Pondicherry Land Reforms Act allow for the exclusion of a minor son who attains majority before the notified date?
No. The court held that Section 9(2)(a) only accounts for members alive on the notified date to potentially reduce the ceiling area due to death; it cannot be used to enlarge the ceiling area by excluding members who attain majority or marry after the appointed day. (Para 20 )
7. What is the significance of the appointed day in determining the ceiling area under the Act?
The appointed day is the crucial date for determining the ceiling area that can be retained. Sections 6, 7(1), and 4(4) indicate that the entitlement to hold land and the requirement to furnish returns are tied to this date. (Para 14 )
8. How should land reform legislation be interpreted regarding the distribution of land?
Such legislation, enacted to achieve equitable distribution of land for the common good under Article 39 of the Constitution, must be interpreted to further the object of the legislation rather than defeat it. (Para 20 )
JUDGMENT
S.C. Agrawal, J.
1. Leave granted in SLP(C) No. 6468/80.
2. These appeals raise a common question involving the interpretation of Section 9(2)(a) of the Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 (hereinafter referred to as the Act). The question is : whether Section 9(2)(a), which provides that for the purpose of calculating, after the appointed day, the ceiling area of a family holding land on the appointed day in excess of 6 standard hectares, the authorised officer shall take into account only those members of that family who are alive on the notified date, requires that in cases where on the appointed day one of the members of the family is an unmarried daughter or a minor son and the said unmarried daughter gets married or the minor son attains majority after the appointed day and before the notified date, the share of the said daughter or son in the family holding should be excluded for the purpose of fixing the ceiling area of the family.
3. The Act has been enacted to provide for the fixation of ceiling on agricultural land holdings and for certain other matters connected there with in the regions of Pondicherry and Karaikal. Under Sub-section (4) of Section 2, the expression "appointed day" has been defined to mean the 24th day January, 1971. The expression "family" has been defined in Sub-section (10) of Section 2 as under :
"family", in relation to a person, means the person, the wife or husband as the case may be, of such person and his or her minor sons and unmarried daughters."
4. "Notified date" has been defined in Section 2(24) to mean the date specified in the notification issued by the Government under Sub-section (1) of Section 7. Section 4 fixes the ceiling area as 6 standard hectares in the case of every person and in the case of every family consisting of not more than five members. Where the family consists of more than five members the ceiling area is enhanced by 1.2 standard hectares for every member of the family in excess of five but the total extent of land held by any family shall in no case exceed twice the ceiling area, i.e. 12 standard hectares. In Sub-section (4) of Section 4 it has been laid down :
"4(4): In calculating the extent of land held by any person, any land which was transferred by sale, gift or otherwise or partitioned by that person after the appointed day but before the commencement of this Act, shall be taken into account as if such land had not been transferred or partitioned as the case may be."
Section 6 provides as under :
"6. On and from the appointed day, no person shall, except as otherwise provided in this Act, but subject to the provisions of Chapter VI be entitled to hold land in excess of the ceiling area ;
Provided that in calculating the total extent of land held by any person, the authorised officer may, for reasons to be recorded in writing permit any person to hold land in excess of the ceiling area if the extent of excess of land does not exceed 0.2 hectare in the case of wet land and 0.4 hectare in the case of dry land."
5. Section 7 requires that within thirty days from such date as may be specified in the notification issued by the Government in this behalf, every person, who, on the appointed day, held land in excess of the ceiling area shall, in respect of all land held by such person on such day, furnish to the authorised officer within whose jurisdiction the holding of such person or the major part thereof is situated, a return containing the particulars specified in Clauses (i) to (viii) of Sub-section (1). In a case where a person who has held land in excess of the ceiling area fails to furnish the return under Section 7 or furnishes an incorrect or incomplete return Sub-section (1) of Section 8 empowers the authorised officer to issue a notice requiring such a person to furnish the return or the additional particulars, as the case may be, within the time specified in the notice. Where a person on whom notice has been served under
