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2011 Supreme(SC) 1224
SUPREME COURT OF INDIA
S.H. KAPADIA, CJI., MUKUNDAKAM SHARMA, K.S. PANICKER RADHAKRISHNAN, SWATANTER KUMAR, ANIL R. DAVE, JJ.
K.T. Plantation Pvt. Ltd. & Anr. - Appellants
Versus
State of Karnataka - Respondent
Civil Appeal No. 6520-6538 of 2003
Decided on : 24-02-2011
Advocate Appeared:
For the Appellants :Mr. T.R. Andhyarujina, Mr. D.A. Dave, Sr. Adv. Mr. Gurukrishna Kumar, Adv. Mr. S. Sukumar, Adv. Mr. S. Sukumaran, Adv. Mr. Anand Sukumar, Adv. Mr. Soumik Ghoshal, Adv. Mr. Akshat Hansaria, Adv. Mr. Vasanth V. Naik, Adv. Mr. Bhupesh Kumar Pathak, Adv. Mr. Yashovardhan Roy, Adv. Ms. Meera Mathur, Mr. K.N. Bhat, Sr., Advocate, Mr. P.R. Ramasesh, Adv. Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni, Adv. Mr. Vijay Kumar, Mr. K.K. Venugopal, Sr. Adv. Mr. E.C. Agrawala, Adv. Mr. Shyam Mohan, Adv. Ms. Radhika Gautam, Adv. Mr. Sunil Murarka, Advocate.
For the Respondent:Mr. Basava Prabhu S. Patil, Sr. Adv. Mr. V.N. Raghupathy, Adv. Mr. B. Subrahmanya Prasad, Adv. Mr. Nikhil Majithia, Adv. Mr. Anand Sanjay M. Nuli, Adv. Mr. Ajay Kumar M., Adv. Mr. Parag P. Tripathi, ASG. Ms. Rachana Srivastava, Adv. Mr. Kunal Bahri, Adv. Mr. Avinash Arputham, Adv. Ms. Mahima Gupta, Adv. Ms. Monisha Handa, Adv. Mr. S.R. Singh, Sr. Adv. Mr. Shail Kumar Dwivedi, Adv. Mr. G.V. Rao, Adv. Mr. Manoj K. Dwivedi, Adv. Ms. Vandana Mishra, Adv. Mr. Ashutosh Kumar Sharma, Adv. Ms. Sunita Pandit, Adv. for Mr. Kamlendra Mishra, Advocate.
The Court held that notifications issued under Section 110 of the Land Reforms Act, 1961, must be placed before the State Legislature, adhering to the principle of legislative oversight for such administrative actions.
Headnote:(A) Land Reforms Act, 1961 - Section 110 - Requirement to place notification before the State Legislature - Pending hearing and final disposal of civil appeals, in accordance with established judicial precedent, the State Government is directed to place the notification issued under Section 110 of the Act, along with all relevant documents and information, before both Houses of the State Legislature. (Para 1)
Facts of the case:
Civil appeals are pending before the Court concerning a notification issued under Section 110 of the Land Reforms Act, 1961, which was published in the official gazette. The matter involves the necessity of placing said notification and associated documentation before the state legislature.
Findings of Court:
The State Government is directed to place the notification dated 8th March, 1994, issued under Section 110 of the Land Reforms Act, 1961, including all relevant documents and information annexed to the affidavit filed by the Principal Secretary of the Revenue Department, before both Houses of the State Legislature.
Issues: Whether a notification issued under Section 110 of the Land Reforms Act, 1961, must be placed before the State Legislature during the pendency of civil appeals.
Ratio Decidendi: Relying on the precedent established in the case of Quarry Owners' Association v. State of Bihar & Ors., the Court held that the government is required to table the notification and supporting materials before the State Legislature.
Result: Direction issued to the State Government.
Legal Category Hierarchy
-
practice and procedure
- court orders
-
administrative law
- delegated legislation
ORDER :
Pending hearing and final disposal of these civil appeals and in view of the judgment of this Court in the case of Quarry Owners' Association v. State of Bihar & Ors., reported in 2000 (8) SCC 655, we hereby direct the State Government to place before both the Houses of the State Legislature the Notification dated 8th March, 1994, issued under Section 110 of the Karnataka Land Reforms Act, 1961, as published in the Karnataka Gazette on 11th March, 1994, with all relevant documents/information annexed to affidavit dated 22nd February, 2011, filed by the Principal Secretary, Revenue Department, Government of Karnataka, Bangalore.
