1979 Supreme(Mad) 265

Madras High Court
GOKULAKRISHNAN,NATARAJAN,VENUGOPAL,Ramaswami
K.Chinnathambi Gounder - Appellant
Versus
Govt.of T.N. - Respondent
Decided On : 06/22/1979

The fundamental principles actus curiae neminem gravabit (an act of a Court shall prejudice no man) and actus legis nemini est damnosus (an act in law small prejudice no man) will have application in construing the time-limit prescribed in the first proviso to S.6(1) of the Land Acquisition Act, 1894, limiting thereunder the period for declaration to three years from the date of the notification under S.4(1) of the Land Acquisition Act.

Headnote:

LAND ACQUISITION - Declaration under S.6(1) of the Act - Time-limit prescribed in the first proviso to S.6(1) of the Land Acquisition Act, 1894 - Whether the fundamental principles actus curiae neminem gravabit (an act of a Court shall prejudice no man) and actus legis nemini est damnosus (an act in law small prejudice no man) will have application in construing the time-limit prescribed in the first proviso to S.6(1) of the Land Acquisition Act, 1894, limiting thereunder the period for declaration to three years from the date of the notification under S.4(1) of the Land Acquisition Act.

Fact of the Case:

A notification under S.4(1) of the Act was made by the second respondent herein notifying the intention of the Government to acquire a certain extent of land in Nanjanapuram village, Erode taluk, Coimbatore district, comprised in the Survey Numbers mentioned in the notification, for the purpose of providing house sites to Harijans. Among the items of land notified was, an extent of 1.17 acres in Survey No. 48/1 belonging to the petitioners herein. The enquiry under S.5-A of the Act was held on 10th February, 1970 and then followed a declaration of the Government under S.6(1) of the Act by Gazette Notification dated 27th May, 1970 declaring that the lands were required for a public purpose. The petitioners filed Writ Petn No 2544 of 1970 on or about 16th August, 1970, to challenge the valid of the declaration. Palaniswami, J., held that there was no valid service of notice regarding the enquiry under S.5-A of the Act and, therefore, the enquiry under S.5-A was vitiated and the declaration under S.6 that followed was also vitiated. Consequently, by order dated 3rd November, 1971, the learned Judge allowed the writ petition and held that "the enquiry proceedings and the declaration under Section 6(1) have to be quashed without prejudice to the respondent continuing the proceedings in accordance with law, if so advised." In view of this order, fresh enquiry, after notices were served on the petitioners, under S.5-A was held on 2nd June, 1972. Thereafter, a declaration under S.6 was again made by the Government on 26th September, 1972 and the declaration was published in the Gazette dated 11th October, 1972. Then followed the award enquiry and the passing of the award on 16th July, 1974. It was thereafter, the petitioners filed the present writ petition contending that inasmuch as the declaration under S.8(1) had been made beyond a period of three years from the date of the notification under S.4(1) of the Act, the declaration was out of time as it was not in accordance with the first proviso to S.6(i) of the Act and, therefore, the declaration should be quashed by means of a writ of certiorari.

Finding of the Court:

The Court held that the fundamental principles actus curiae neminem gravabit (an act of a Court shall prejudice no man) and actus legis nemini est damnosus (an act in law small prejudice no man) will have application in construing the time-limit prescribed in the first proviso to S.6(1) of the Land Acquisition Act, 1894, limiting thereunder the period for declaration to three years from the date of the notification under S.4(1) of the Land Acquisition Act.

Issues: Whether the fundamental principles actus curiae neminem gravabit (an act of a Court shall prejudice no man) and actus legis nemini est damnosus (an act in law small prejudice no man) will have application in construing the time-limit prescribed in the first proviso to S.6(1) of the Land Acquisition Act, 1894, limiting thereunder the period for declaration to three years from the date of the notification under S.4(1) of the Land Acquisition Act.

Ratio Decidendi: The Court held that the maxim actus curiae neminem gravabit could be invoked and applied in individual cases to a party who has done all he should do under the statute and is prejudiced solely by the delay or mistake of the Court. The Court further held that the period of three years specified in the proviso is absolute and that any time during which writ proceedings are pending cannot be excluded.

Final Decision: The Court held that the declaration under S.6(1) of the Act was not out of time and dismissed the writ petition.