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PATNA HIGH COURT
V.Ramaswami and R.K.Choudhary JJ.
Lakshmi Devi
Versus
State Of Bihar
Miscellaneous Judicial No. 450 of 1961 ;
Decided On : JANUARY 05, 1962
LAND ACQUISITION - Bihar Town Planning and Improvement Trust Act, 1951 - Acquisition of land - Procedure - General provisions of Land Acquisition Act, 1894 - Whether superseded - Special provisions of Bihar Act 35 of 1951 - Applicability.
Fact of the Case:
The petitioners challenged the validity of notifications issued by the State Government under Section 4 of the Land Acquisition Act, 1894, for the acquisition of land for the development of residential neighborhoods in Patna. The petitioners contended that the State Government had no authority to take action under the Land Acquisition Act because the provisions of the Act had been superseded by the enactment of Bihar Act 35 of 1951, which made special provision for the acquisition of land for the improvement, development, and expansion of towns.
Finding of the Court:
The Court held that the notifications issued by the State Government under Section 4 of the Land Acquisition Act were ultra vires and illegal. The Court found that the provisions of Bihar Act 35 of 1951, which made special provision for the acquisition of land for the improvement, development, and expansion of towns, superseded the general provisions of the Land Acquisition Act. The Court held that the Improvement Trust was bound to follow the procedure prescribed in Bihar Act 35 of 1951 for the acquisition of land and could not adopt any other machinery of its own.
Issues: 1. Whether the provisions of Bihar Act 35 of 1951 superseded the general provisions of the Land Acquisition Act, 1894, for the acquisition of land for the improvement, development, and expansion of towns. 2. Whether the Improvement Trust was bound to follow the procedure prescribed in Bihar Act 35 of 1951 for the acquisition of land.
Ratio Decidendi: 1. The Court applied the principle of generalia specialibus non derogant, which holds that general provisions in a later Act do not repeal, alter, or derogate from earlier and special legislation unless there is a clear indication of a particular intention to do so. 2. The Court held that the provisions of Bihar Act 35 of 1951, which were specifically enacted for the acquisition of land for the improvement, development, and expansion of towns, took precedence over the general provisions of the Land Acquisition Act, which applied to a wider range of purposes. 3. The Court held that the Improvement Trust was a statutory body with limited powers and duties, and it was bound to follow the procedure prescribed in Bihar Act 35 of 1951 for the acquisition of land. The Trust could not adopt any other machinery of its own for carrying out its duties.
Final Decision: The Court allowed the petitions and quashed the notifications issued by the State Government under Section 4 of the Land Acquisition Act. The Court held that the notifications were ultra vires and illegal because the State Government had no authority to take action under the Land Acquisition Act in view of the special provisions made in Bihar Act 35 of 1951.
1. In all these applications, which have been heard together, a common question of law arises for determination, namely, whether the notifications of the State Government under Sec.4 of the Land Acquisition Act, dated the 19th January, 1961 which are annexures A and B to the applications, are legally valid.
2. Annexure A relates to an area of 407.85 acres of land in the city of Patna in villages Mainpara, Rajapur, Dujra and Dhakanpura, and it is stated in the notification that the land is required by the Government at the expense of the Patna Improvement Trust for a public purpose, namely, for the development of residential neighourhoods to provide for housing facilities for various income groups along with various local services and modern amenities to facilitate planned growth of the city of Patna. Annexure B relates to an area of 54.04 acres located in the City of Patna, and it is stated in this notification that the land is required for the development of residential neighbourhoods to provide for housing facilities for various income groups along with various local services and modern amenities to facilitate planned growth of the city of Patna.
3. The case of the petitioners is that the State Government has no authority to take action for acquisition of land under the provisions of the Land Acquisition Act because those provisions have been superseded by the enactment of Bihar Act 35 of 1951 which makes special provision for acquisition of land at the expense of the Improvement Trust for the improvement, development and expansion of the town and for securing to its inhabitants sanitary conditions, amenity and convenience. The contention of the petitioners is that the special procedure prescribed in Bihar Act 35 of 1951 has not been followed and, therefore, the notifications of the State Government which are annexures A and B to the applications are illegal and ultra vires and must be quashed by grant of a writ in the nature of certiorari under Article 226 of the Constitution.
4. Cause has been shown by the learned Advocate-General on behalf of respondent No.4 and by the learned Standing Counsel on behalf of respondents 1 to 3 to whom notice of the rule was ordered to be given.
5. On the 26th October, 1951, Bihar Act 35 of 1951 received the assent of the President. The Act is entitled "the Bihar Town Planning and Improvement Trust Act, 1951" and the preamble of the Act recites that "it is expedient to make provision for the improvement, development and expansion of towns in the State of Bihar so as to secure to their present and future inhabitants sanitary conditions amenity and convenience". Sec.3 of the Act provides for the creation and incorporation of the Board of Trustees to be called "the Improvement Trust". Sec.3 is to the following effect: -
"3. The duty of carrying out the provisions of this Act in any local area shall, subject to the conditions and limitations hereinafter contained, be vested in a Board to be called the (name of town) Improvement Trust, hereinafter called the Trust; and every such Trust shall be a body corporate and have perpetual succession and a common seal, and shall by the said name sue and be sued".
Chapter III of this Act makes provision for the preparation of a master plan by the Trust with various objectives. Sec.33 of the Act states that
"subject to the control of the State Government, the Trust shall, for the development and improvement of the area for which it has been constituted, prepare a master plan with the following among others, objectives in view, namely: -. . . . . . . . . . . . . . . (k) development of residential areas on neighbourhood principles"
Sec.34 (1) (l) states as follows :-
"34 (1) An improvement scheme framed within the frame work of the master plan may provide for all or any of the following matters, namely:-
x x x x x (l) the provision of accommodation for any class of persons. " Sec.34 (2) (f) and (g) are to the following effect-"34 (2) An improvement sch
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