1995 (8) TMI 307 - SC - Indian Laws

Summary

Issues Involved:
The appeal pertains to land acquisition proceedings u/s 4(1) and u/s 6 of the Land Acquisition Act, 1894. The main issue revolves around compliance with Rule 3(b) framed by the Government of Tamil Nadu u/r 55(1) of the Act and the validity of subsequent directions given by the High Court regarding a fresh enquiry u/s 5A and a declaration u/s 6.

Comprehensive Details:

1. Compliance with Rule 3(b) and Validity of Acquisition Proceedings:
The appellant challenged the acquisition proceedings in a writ petition before the High Court of Madras, asserting non-compliance with Rule 3(b) framed by the Government of Tamil Nadu u/r 55(1) of the Act. The Division Bench of the Madras High Court upheld this contention, setting aside the acquisition proceedings post the Section 4(1) Notification stage. The High Court directed a fresh enquiry u/s 5A and subsequent steps to be taken within specified timelines. The appellant, however, contended that these directions conflicted with the proviso to Section 6 of the Land Acquisition Act, 1894.

2. Interpretation of Section 6 Proviso and Compliance Timeline:
The amended provisions of Section 6 of the Land Acquisition Act, 1894, post the Amendment Act of 1984, impose restrictions on making declarations after a specified period from the publication of the Section 4(1) Notification. In this case, the Section 4(1) Notification was issued before the Amendment Act of 1984 but after the Amendment and Validation Ordinance of 1967. The High Court's directions for a fresh declaration under Section 6 within six months were deemed to be in conflict with the statutory timeline prescribed by the proviso to Section 6.

3. Exclusion of Stay Period and Prohibition on Fresh Declaration:
The respondents argued for the exclusion of the period of stay granted by the High Court of Madras, contending that it extended the timeline for making a fresh declaration u/s 6. However, the appellant's subsequent stay, obtained after the prescribed period, did not alter the absolute prohibition on issuing a declaration under Section 6 post the specified timeline. The High Court's direction allowing the declaration within six months was found to be impermissible under the statutory framework.

4. Inapplicability of External Stay Orders and Final Decision:
The respondents cited additional stays granted by the Minister for Local Administration and an adjoining landowner, which were deemed irrelevant as they were not court orders and did not pertain directly to the appellant's land. Consequently, the Supreme Court allowed the appeal, setting aside the High Court's directions for a fresh enquiry u/s 5A and a declaration u/s 6 within specified timelines, emphasizing the statutory limitations on such actions.