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TMI Blog2002 (4) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... ring for the respondents. 3. Concedingly, the petitioner-company as per the award dated 27-3-2000 passed by the Loss of Ecology (Prevention and Payment of Compensation) Authority, is liable to pay a compensation determined by the Loss of Ecology Authority amounting to Rs. 26,82,02,328 to the affected indivi-duals, directed the petitioner to pay Rs. 43,75,720 and another sum of Rs. 5,97,129 being the compensation recoverable for reversal of damaged environment. On the basis of the certificate issued by the said authority, the respondent herein issued a certificate for recovery under the Revenue Recovery Act. 4. While contending that all recoveries including damages payable, if any, pursuant to the award of the Loss of Ecology (Prevention and Payment of Compensation) Authority for Tamil Nadu is suspended or stayed statutorily under section 22(1) of the SICA and, therefore, the mandamus is sought to forbear the respondent from realising the amount by way of enforcing the award under the Revenue Recovery Act. 5. The only point that arise for consideration in this writ petition is : "Whether section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, oper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r identical factories and as a result of this, the agriculturists and the residents in the locality neither have drinking water facility nor they could raise cultivation since the entire soil in the area is polluted by chemicals. 10. It is to be pointed out that the amount awarded against the petitioner has not been included in the schedule of payments due and payable by the petitioner before the BIFR and it is not the subject-matter of an investigation or an enquiry before the BIFR. 11. Section 22 provides for suspension of legal proceedings, contracts, etc. Section 22(1) reads thus : " Suspension of Legal Proceedings, Contracts, etc. (1)Where in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said Act or other law, no proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply and the default committed in the payment thereof entails disconnection of the supply of electrical energy, except in accordance with the procedure prescribed under the contract or the regulation issued under the Indian Electricity (Supply) Act, 1948. Execution connotes pre-existing decree. It is true that any action for realisation etc. pending decision by BIFR or without its permission is prohibited. Enforcement of compliance of the obligation under the contract or regulation for supply of electrical energy by ordering payment of electrical energy is not and cannot be considered to be execution of a decree. Execution of the decree presupposes the existence of a decree of a competent court and the decree-holder should take steps to have it executed pending proceeding before BIFR. There is no decree of court. Since the petitioner had committed default and as a condition for reconnection, agreed to pay the amount in instalments, he is liable to comply with the undertaking given for supply of electrical energy. The petitioner committed default in that behalf. So, it is not entitled to seek any declaration or direction from the Court that since the matter is pending before the BIFR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecial Act giving it overriding effect. The maxim generalia specialibus non derogant, therefore, will have no application. 20. In Maharashtra Tubes Ltd. s case ( supra ), the Supreme Court had occasion to examine the very provisions of the SICA, and in particular to sections 16, 17, 22, 25 and 32 of the said Act, vis-a-vis , the State Financial Corporations Act, 1951, and it has been held thus : "9. Having reached the conclusion that both the 1951 Act and the 1985 Act are special statutes dealing with different situations the former providing for the grant of financial assistance to industrial concerns with a view to boost up industrialisation and the latter providing for revival and rehabilitation of sick industrial undertakings, if necessary, by grant of financial assistance, we cannot uphold the contention urged on behalf of the respondent that the 1985 Act is a general statute covering a larger number of industrial concerns than the 1951 Act and, therefore, the latter would prevail over the former in the event of conflict. Both the statutes have competing non obstante provisions. Section 46B of the 1951 Act provides that the provision of that statute and of any rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of a tenant, it prescribes the forum for adjudication of disputes between landlords and tenants and the procedure which has to be followed in such proceedings. The Rent Control Act can, therefore, be said to be a special statute regulating the relationship of landlord and tenant in the Union Territory of Delhi. The Public Premises Act makes provision for a speedy machinery to secure eviction of unauthorised occupants from public premises. As opposed to the general law which provides for filing of a regular suit for recovery of possession of property in a competent court and for trial of such a suit in accordance with the procedure laid down in the Code of Civil Procedure, the Public Premises Act confers the power to pass an order of eviction of an unauthorised occupant in a public premises on a designated officer and prescribes the procedure to be followed by the said officer before passing such an order. Therefore, the Public Premises Act is also a special statute relating to eviction of unauthorised occupants from public premises. In other words, both the enactments, namely, the Rent Control Act and the Public Premises Act, are special statutes in relation to the matters dealt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved : . . . for certain cases, an Act may be general and for certain other purposes, it may be special and the Court cannot blur a distinction when dealing with the finer points of law. For example, a Rent Control Act may be a special statute as compared to the Code of Civil Procedure. But vis-a-vis an Act permitting eviction from public premises or some special class of buildings, the Rent Control Act may be a general statute. In fact, in Damji Valji Shah v. LIC of India AIR 1966 SC 135 (already referred to), this Court has observed that vis-a-vis the LIC Act, 1956, the Companies Act, 1956 can be treated as a general statute. This is clear from para 19 of that judgment. It was observed : Further, the provisions of the special Act, i.e., the LIC Act, will override the provisions of the general Act, viz., the Companies Act which is an Act relating to companies in general . [Emphasis supplied] Thus, some High Courts rightly treated the Companies Act as a general statute, and the RDB Act as a special statute overriding the general statute. Special Law v. Special Law 40. Alternatively, the Companies Act, 1956 and the RDB Act can both be treated as special ..... X X X X Extracts X X X X X X X X Extracts X X X X
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