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1996 Supreme(SC) 1805

SUPREME COURT OF INDIA
(Madras High Court)
Kuldip Singh, M K Mukherjee, M M Punchhi, N P Singh, S Saghir Ahmad
STATE OF T.N., APPELLANT;
VERSUS
AROORAN SUGARS LTD., RESPONDENT.
Civil Appeals No. 134 of 1980 with Nos. 352-354 of 1980
decided on October 31, 1996.

Headnote:

Constitution 0f India,1950 – Articles 31-A, 31-B ,31-C and 14 - Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 - Principal Act – Section 8, 18(1) & 3(2) - Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 – Section 3(2) -State of Tamil Nadu is the appellant in these appeals - Integrated activity of raising sugarcane on aforesaid land and crushing it in its sugar factory - Publication and all right, title and interest of all persons - Civil Appeal has been filed against judgment of High Court of Madras in Writ Petition, whereas Civil Appeal have been filed against judgment of same High Court in Writ Petitions - All writ petitions had been filed on behalf of respondent which were allowed by High Court - Respondent, a public limited company which owned and possessed of land, was engaged in composite and integrated activity of raising sugarcane on aforesaid land and crushing it in its sugar factory - Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 was published in Tamil Nadu Government Gazette - According to said Act, a ceiling of 30 standard acres of agricultural and land was fixed as maximum holding - Surplus land has to be notified as required for public purposes and on such publication in view of Section 18(3) of Act land specified in notification shall be deemed to have been acquired for a public purpose and shall vest in Government free from all encumbrances with effect from date of such publication and all right, title and interest of all persons in such land shall be deemed to have been extinguished – Held, From a bare reference to aforesaid order it appears that learned Judge having clearly said that he was not considering effect of provisions of Act 25 of 1978, he dismissed said miscellaneous writ petition in view of order passed - When learned Judge refused to consider effect of provisions of Act - There is no question of the order having any effect, on special leave petitions which had been filed on behalf of State giving rise to Civil Appeal and Civil Appeals - In view of the findings recorded are constitutionally valid and it has effaced the amendments which had been introduced in Principal Act because of which it shall be deemed that notification issued under Section 18(1) of Principal Act was legal and valid and because of said notification lands declared as surplus vested in State under Section 18(3) of Principal Act, there is no necessity to decide as to whether Act 25 of 1978 has the protection of Articles 31-A, 31-B and 31-C of Constitution - Once it is held that vesting of surplus land , then respondent shall be entitled to compensation amount which is to be worked out at 2 times of the net annual income because of Act 39 of 1972 which has reduced the multiple of the compensation from 9 times to 2 times of the net annual income - Accordingly, Civil Appeal are allowed - Judgment in Writ Petition of High Court are set aside and writ petitions filed on behalf of the respondent are dismissed.

JUDGMENT

N. P. SINGH, J. - The State of Tamil Nadu is the appellant in these appeals. Civil Appeal No. 134 of 1980 has been filed against the judgment of the High Court of Madras in Writ Petition No. 1464 of 1974, whereas Civil Appeals Nos. 352-354 of 1980 have been filed against the judgment of the same High Court in Writ Petitions Nos. 2341-2343 of 1978. All the writ petitions had been filed on behalf of the respondent which were allowed by the High Court.

2. The respondent, a public limited company which owned and possessed 3421.14 acres of land, was engaged in composite and integrated activity of raising sugarcane on the aforesaid land and crushing it in its sugar factory. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Act 58 1961), (hereinafter referred to as "the Principal Act") was published in the Tamil Nadu Government Gazette on 2-5-1962. According to the said Act, a ceiling of 30 standard acres of agricultural and land was fixed as the maximum holding. Under section 18(1) of the Principal Act, the surplus land has to be notified as required for public purposes and on such publication in view of Section 18(3) of the Act land specified in the notification shall be deemed to have been acquired for a public purpose and shall vest in the Government free from all encumbrances with effect from the date of such publication and all right, title and interest of all persons in such land shall be deemed to have been extinguished. The relevant part of Section 18 of the Act is as follows :

"18. Acquisition of surplus land. - (1) After the publication of the final statement under Section 12 or 14, the Government shall, subject to the provisions of Section 16 and 17, publish a notification to the effect that the surplus land is required for a public purpose.

(2) * * *

(3) On the publication of the notification under sub-section (1), the land specified in the notification together with the trees standing on such land and buildings, machinery plant or apparatus, constructed, erected or fixed on such land and used for agricultural purposes shall, subject to the provisions of this Act, be deemed to have been acquired for a public purpose and vested in the Government free from all encumbrances with effect from the date of such publication and all right, title and interest of all persons in such land shall, with effect from the said date, be deemed to have been extinguished :

Provided that where there is any crop standing on such land on the date of such publication, the authorized officer may, subject to such conditions as may be prescribed, permit the harvest of such crop by the person who had raised such crop."

Section 50(1) of the Act provides for payment of amount at the rates specified in Schedule III thereto, to person whose right, title or interest in any land is acquired by the Government.

3. Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (17 of 1970), reduced the ceiling from 30 to 15 standard acres with effect from 15-2-1970. Under the Principal Act there was provision for grant of exemption to the lands held by sugar factories in excess of the ceiling area. This provision was deleted by the Tamil Nadu Amendment Act 41 of 1971, which came into force from 15-1-1972. Because of such amendment even the sugar factories in general could not hold land in excess of 15 standard acres. The respondent filed its return under Section 8 of the Principal Act on 6-4-1972. The Additional Authorised Officer (Land Reforms). Tiruvarur, published the draft statement under Section 10(1) of the Principal Act on 19-4-1972. The minimum compensation payable for excess lands vesting in the Government was 9 times the net annual income. As such when the respondent filed its return on 6-4-1972, it was entitled to compensation at the rate of 9 times of the net annual income. However, the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972






































































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