2022 Supreme(SC) 37

SUPREME COURT OF INDIA
(From the High Court of Karnataka at Bengaluru)
S. ABDUL NAZEER, SANJIV KHANNA, JJ.
Bangalore Development Authority and Another – Appellants
Versus
The State of Karnataka and Others – Respondents
Miscellaneous Application Nos. 1346-1348, 1614-1616 of 2019, Civil Appeal Nos. 7661-7663 of 2018
Decided On : 20-01-2022

IMPORTANT POINTS
(1) Primary object of BDA Act is to carry out a planned development and acquisition is merely incident of such planned development – Provisions of LA Act would be attracted only insofar as they are applicable to BDA Act.
(2) Provisions of LA Act are applicable to BDA Act by incorporation.
(3) Once incorporation is made, provisions of incorporated statute become an integral part of statute in which it is transferred and thereafter there is no need to refer to statute from which incorporation is made and any subsequent amendment made in it has no effect on incorporating statute.

Headnote:

(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24 – Bangalore Development Authority Act, 1976 – Section 36 – Land Acquisition Act, 1894 – Section 11 – Acquisition of land – Town Planning – Primary object of BDA Act is to carry out a planned development and acquisition is merely incident of such planned development – Provisions of LA Act would be attracted only insofar as they are applicable to BDA Act – Where there are specific provisions under BDA Act, provisions of LA Act will not be attracted – BDA Act has provided a complete process for determination of rights – For the purpose of claims in regard to matters which are not specifically dealt with in BDA Act, reference to LA Act in terms of Section 36 has been made – Intention of Legislature is to take recourse for provisions of LA Act to a limited extent and subject to supremacy of provisions of BDA Act – Provisions of LA Act continue to apply for acquisitions made in BDA Act so far as they are applicable as it is a legislation by incorporation having regard to Section 36 of BDA Act – 2013 Act repeals only LA Act and not any other Central or State enactment dealing with acquisition – What is sought to be saved under Section 24 of 2013 Act is only acquisitions which had been initiated under LA Act and not those acquisitions which had been initiated under any other Central or State enactment – Expression contained in Section 24 of LA Act cannot be given extensive interpretation by adding words into the provision, in absence of the provision itself giving rise to any such implication – 2013 Act would not regulate acquisition proceedings made under BDA Act – Since LA Act has been incorporated into BDA Act so far as they are applicable, provisions of 2013 Act are not applicable for acquisitions made under BDA Act. (Paras 12, 17, 19 and 23)

(B) Statute Law – Incorporation – Incorporation of an earlier Act into later Act is a legislative device for sake of convenience in order to avoid verbatim reproduction of provisions of earlier Act into later Act – Once incorporation is made, provisions of incorporated statute become an integral part of statute in which it is transferred and thereafter there is no need to refer to statute from which incorporation is made and any subsequent amendment made in it has no effect on incorporating statute. (Para 13)

Facts of the case:

Notifications, both preliminary and final, have been issued by the BDA for acquisition of the lands for the PRR and several writ petitions were filed before the High Court of Karnataka challenging these notifications. questions formulated in the said cases were as under:

“(a) Whether the repeal of the Land Acquisition Act 1894, has effect of frustrating any proceedings with reference to Section 36 of the BDA Act. (b) Whether the acquisition proceedings can be said to have lapsed by virtue of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 having come into force.”

Findings of Court:

Section 105 of the 2013 Act states that the provisions of 2013 Act shall not apply to the enactments in the Fourth Schedule or are to apply with modifications in terms of notification issued by the Central Government under Section 105(3) of the 2013 Act. Section 105 does not apply to the present case.

Result : Application disposed of.