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TMI Blog1991 (9) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of the said scheme, setting out the particulars referred to in the said Section, were published in the Daily Tribune on May 31, 1977, June 7, 1977, and June 14, 1977. The said notices were also published in the local daily Ajit on May 30, 1977, June 6, 1977, and June 13, 1977 and in Punjab Government Gazette on June 17, 1977, June 24, 1977 and July 1977, respectively. A Notification as required under Section 42 of the said Act was published on June 30, 1980 sanctioning the said develop- ment scheme. The said Notices and Notifications were challenged by the respondents in Civil Writ No. 2508 of 1982 filed in the High Court of Punjab and Haryana, inter alia, on the ground that the Notification under Section 42 was not issued within the sti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the purposes of the said Act. In order to examine the correctness of the submissions of Mr. Mehta, it is necessary to take note of the relevant provisions of the said Act and the Land Acquisition Act. Section 28 of the said Act sets out the matters which may be provided for in a scheme. Under sub-section (2) clause (i) of the said section it is inter alia provided that a scheme under said Act may provide for the acquisition under the Land Acquisition Act as modified by the said Act. Section 36 of the said Act provides that when a scheme under the said Act has been framed, the trust shall prepare a notice set- ting out the particulars contained in the said section. The relevant part of sub-section (2) of the said Section runs as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... replaced by notifi- cation under sections 36 and 42 of this Act-- (1) The first publication of a notice of any improvement scheme under section 36 of this Act shall be substituted for and have the same effect as publication in the Official Gazette and in the locality of a notification under subsection (1) of section 4 of the said Act, except where a declaration under section 4 or section 6 of the said Act has previously been made and is still in force." Sub-section (1) of Section 4 of the Land Acquisition Act, inter alia, provides that whenever it appears to the appro- priate Government that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the Official ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d hence, it is only such provisions of the Land Acquisition Act as were in existence at the time when the said Act was enacted in 1922 which could be said to be incorporated into the said Act. In support of his submission he placed strong reliance on the decision of a Bench com- prising three learned Judges Bench of this Court in the case of Mahindra and Mahindra Ltd. v. Union of India and Another., [1979] 2 SCR 1038. In that case it has been point- ed out that Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 (referred to hereinafter as the "MRTP Act") provides that any person aggrieved by the order made by the Central Government or the Commission (The Monop- olies and Restrictive Trade Practices Commission) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rporated in Section 55 of the MRTP Act and the substitution of the new Section 100 did not affect or restrict the grounds as incorporated in Sec- tion 55. In the said judgment this Court cited with approval the judgment of the Privy Council in Secretary of State for India in Council v. Hindustan Co-operative Insurance Society Ltd., [1958] I.A. 259 at 267. where the Judicial Committee observed: "In this country it is accepted that where a statute is incorporated by reference into a second statute, the repeal of the first stat- ute does not affect the second; (see the case collected in Craies on Statute Law, 3rd edn. pp. 349,350)". We find ourselves unable to accept the submissions of learned Counsel for the appellant. As pointed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to as amended by the relevant sections of the said Act. In these circumstances, it cannot be held that any provisions of the Land Acquisition Act have been incorporat- ed into the said Act and the provisions of the Land Acquisi- tion Act which have to be applied, are the provisions as they stand at the relevant time, namely, at the time of acquisition, in the absence of a contrary intention. There is nothing to indicate that there was any such contrary intention in the present case. In these circumstances, the notification under Section 42 should have been published within the period of three. years of the date of publication of the notification under Section-4(1) of the Land Acquisi- tion Act, as required under the first proviso to Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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