2011 Supreme(SC) 42

2011 (1) Supreme 234
SUPREME COURT OF INDIA
S.H. Kapadia, CJI., Dr. Mukundakam Sharma, K.S. Panicker Radhakrishnan, Swatanter Kumar and Anil R. Dave, JJ.
Girnar Traders — Appellant
versus
State of Maharashtra & Ors. — Respondents
Civil Appeal No. 3703 of 2003
with
Digambar Motiram Jhadhav — Appellant
versus
The Commissioner & Ors. — Respondents
Civil Appeal No. 292 of 2011
(Arising out of SLP (C) No.9734 Of 2005)
Decided on : 11-1-2011

IMPORTANT POINT
Maharashtra Regional and Town Planning Act, 1966 is a self contained code.

Headnote:(a) Constitution of India – Article 245 – Distribution of powers – Constitutionality of a law becomes essentially a question of power which, in a federal constitution, turns upon the construction of the entries in the legislative lists. (Para 3)

        (b) Constitution of India – Separation of Powers – Legislation – ‘Legislation by reference’ and ‘Legislation by incorporation’ – Where certain provisions from an existing Act have been incorporated into a subsequent Act, no addition to the former Act, which is not expressly made applicable to the subsequent Act, can be deemed to be incorporated in it, at all events, if it is possible for the subsequent Act to function effectually without the addition – In a case of legislation by incorporation, subsequent amendment or repeal of the provisions of an earlier Act adopted cannot be deemed to have been incorporated in the adopting Act which may be true in the case of legislation by reference. (Para 3)

        (c) Maharashtra Regional and Town Planning Act, 1966 – Section 126(2) r/w section 11, Land Acquisition Act, 1894 – Lapsing provision in Section 127 amended to alleviate hardship to land owners pertaining to indefinite waiting for release of lands because of inaction on part of Planning authorities in acquisition but restricted only to sections 126(2) and 126(4) – Therefore it will be impermissible to read section 11A of the Land Acquisition Act into section 126(2). (Para 20)

        (d) Maharashtra Regional and Town Planning Act, 1966 – Section 128 – Providing for powers to State Government to acquire land for purposes other than the one for which it is designated in any plan or scheme – Provision distinct and different from provisions in Land Acquisition Act. (Para 20)

        (e) Maharashtra Regional and Town Planning Act, 1966 – Sections 72 to 74, 113, 116, 117 and 126 to 129 – These provisions make MRTP Act a self contained code – Provisions of Land Acquisition Act not applicable – Provisions of Sections 9 to 11 of Land Acquisition Act brought into MRTP Act for limited purpose of acquiring land – State Act is hardly dependent upon the Land Acquisition Act except to the limited extent of completing the process of determining compensation – Similarly, Land Acquisition Act is a complete code in itself for the purpose of land acquisition. (Paras 21 and 25)

        (f) Interpretation of statutes – Maharashtra Regional and Town Planning Act, 1966 and Land Acquisition Act, 1894 – The schemes under the two Acts are distinct and different – However, provisions of the Land Acquisition Act for which there are no specific provisions under the State Act, would be applicable to the acquisition under the State Act. (Para 27)

        (g) Interpretation of Statutes – Provision of self-contained adjudicatory mechanism and the remedy of appeal makes the Act a self contained code. (Para 28)

        (h) Words ad Phrases – Complete Code – Not defined precisely – Provisions must comprehensively deal with various aspects of the purpose sought to be achieved – Dependence on other legislations either absent or at best minimal – Should provide for a complete machinery to deal with various problems that may arise during its execution Authorities/ Fora vested with sufficient powers to ensure effectual and complete implementation of the Act – In other words, the Act in itself should be a panacea to all facets arising from the implementation of the Act itself. (Para 35)

        (i) Interpretation of statutes – MRTP Act – MRTP Act is an Act completely providing for various steps in relation to execution of its object, constitution of various authorities to implement the underlying scheme of planned development, machinery for interested persons to raise their claims for adjudication under the provisions of this Act or at best to an authority referred to in the Act – It is a complete code in itself. (Para 39)

        (j) Interpretation of statutes – MRTP Act is a self contained code and MTP Act and Land Acquisition Act can co-exist and operate without conflict – Application of either of the doctrines of ‘legislation by reference’ or ‘legislation by incorporation’, would lose their significance. (Para 39)

        (k) Interpretation of statutes – ‘Legislation by reference’ or ‘Legislation by incorporation’ – Distinction and ambit discussed. (Paras 41 to 42)

        (l) Interpretation of statutes – Legislation by incorporation – No general reference to the Land Acquisition Act in any of the provisions of the MRTP Act – MRTP Act contains only specific reference to particular provisions of Land Acquisition Act for particular purpose – Therefore it is legislation by incorporation. (Para 47)

        (m) Interpretation of Statutes – Harmonious application – ‘Resignation and Designation of land’ and ‘acquisition of land’ are well defined and do not admit any synonymity or interchangeability – Reservation under MRTP Act may not mean and include acquisition – Acquisition under LA Act may not mean and include reservation – By issue of notification u/s 126(2) of MRTP Act in terms of section 6 of LA Act mechanism therein would be read into MRTP Act – There is a complete and comprehensive scheme on harmonious application of both the Acts when specific provisions of the Central Act, as contemplated under the State Act, alone are read into the State Act. (Paras 70 to 74)

        (n) Interpretation of Statutes – Doctrine of pith and substance and doctrine of incidental encroachment – Applicable to statutory interpretation on source of legislation – Questions to be determined not by degree but by substance – Extent of harmonious application should be considered to achieve legislative intent – a (Paras 75, 76)

        (o) Interpretation of statutes – Maxim ut res magis valeat quam pereat – If in pith and substance, an Act is a law on a permitted field then any incidental encroachment, even on a forbidden field, does not affect the competence of the legislature to enact that law – Courts normally would make every effort to save the legislation and resolve the conflict/repugnancy, if any, rather than invalidating the statute. (Para 77)

       Facts of the case:

        This is a reference to examine whether the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) is a self-contained Code or not, if so, to what effect? Further, whether, in any event, all the provisions of the Land Acquisition Act, 1894 as amended by Central Act 68 of 1984 with emphasis on Section 11A can be read into the provisions of the MRTP Act?

       Finding of the Court:

        Provisions introduced in the Land Acquisition Act, 1894 by Central Act 68 of 1984, limited to the extent of acquisition of land, payment of compensation and recourse to legal remedies provided under the said Act, can be read into an acquisition controlled by the provisions of Chapter VII of the MRTP Act but with a specific exception that the provisions of the Land Acquisition Act in so far as they provide different time frames and consequences of default thereof including lapsing of acquisition proceedings cannot be read into the MRTP Act. Section 11A of the Land Acquisition Act being one of such provisions cannot be applied to the acquisitions under Chapter VII of the MRTP Act.”

       Result : Reference answered. MRTP Act is a self contained code.