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TMI Blog1962 (12) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1894 proposing to acquire an area of 407.85 acres of land-in the city of Patna at the expense of the Patna Improvement Trust for a public purpose viz., for development of residential neighbourhood, to provide for housing facilities for various income groups and to facilitate the planned growth of the city of Patna. By another similar notification of the same date the State of Bihar proposed to acquire 54.08 acres of land. The respondents challenged the legality of the notices under s. 4 of the Land Acquisition Act by their respective applications or writs under Art. 226 of the Constitution. These notifications were quashed by a writ in the nature of certiorari by the High Court of Patna and against that judgment and order the Patna Improvement, Trust has brought these appeals by special leave. In order to determine the legality of the notifications in dispute it is necessary to examine the various provisions of the Bihar Act. Chapter II of that Act provides for the constitution of Improvement Trust and other matters connected therewith and s. 3 therein vests in the Improvement Trust the duty of carrying out the provisions of the Bihar Act in any local area. Chapter III deals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Town Planning and Improvement Trust Act.- 1951 (Bihar Act XXXXV of 1951) in the case of land proposed to be acquired in pursuance of that clause, and in any other case the publication of a notification under section 52 of that Act shall be substituted for and have the same effect as a declaration under section 6 of the said Act, except where a declaration under the last mentioned section has been previously made and is in force. Clause 2 (2) provides that proceedings under s. 48 and s. 50 (1) of the Bihar Act shall be substituted for and have the same effect as proceedings under s. 5A of that Act. Clause 2 (3) makes a notice under cl. (C) of sub-s. (3) of s. 39 of the Bihar Act a substitute for s. 6 of the Land Acquisition Act in the case of lands proposed to be acquired under that section and in any other case publication of a notice under s. 52 to be such a substitute. By other clauses in the Schedule certain additional sections are deemed to have been added to the Land Acquisition Act. The argument on behalf of the respondents in the High Court was, as it is in this Court, that if land is sought to be acquired for the purpose of the Patna Improvement Trust then it can be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of construction. Section 71 of the Bihar Act which modifies the Land Acquisition Act, itself states that for the purpose of acquisition of land for the Trust under the Land Acquisition Act that Act (Land Acquisition Act) shall be subject to the modifications specified in the Schedule. Therefore even for the purpose of acquiring land for the Trust the machinery of the Land Acquisition Act as modified is contemplated. It does not exclude the Land Acquisition Act, on the contrary it makes it applicable but subject to its modifications and exceptions. Now the first relevant modification is by sub-cl. (1) of clause 2 of the Schedule, There a first notice under s. 46 of the Bihar Act is substituted for and has the same effect as a notification under s. 4 (1) of the Land Acquisition Act but that is subject to an important exception and that exeption is a notification under s. 4(1) of the Land Acquisition Act or a declaration under s. 6 of that Act which 'has been previously made and is in force . Thus when the exception applies the first notice under s. 46 of the Bihar Act has not that effect. The words has been previously made do not merely connote the issuing of a notification b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by a local authority or any company. Therefore s. 50(1) would be equally available for being put into force for the purpose of a trust. This again shows that the intention of the legislature was not to exclude the functions of the Land Acquisition Act such as ss. 4, 6, 50 etc. in the matter of acquisition of land for the purpose of a Trust. The notification issued by the State Government is not therefore invalid and the High Court was in error in holding it otherwise. We therefore allow these appeals, set aside the judgment and order of the High Court and remit the case to the High Court to decide the question whether the order of the State Government is hit by Art. 14-a point which was argued before the High Court but has not been decided. The costs will abide the event. One hearing fee in this Court. SUBBA RAO, J.-I have had the advantage of reading the judgment prepared by my learned brother, Kapur, J. I regret my inability to agree with him. The facts are fully stated in his judgment and I need not restate them. The question that falls to be considered is whether the Government of Bihar can issue a notification under ss. 4 and 6 of the Land Acquisition Act to acquire l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... modified, were incorporatedthrein by reference to enable the Trust to acquire Lands necessary for implementing its schemes of improvement.That Act is a special and also a self-contained one. It the Trust intends to acquire any land for its purpose, it can only do so in 'the manner provided by the Act. Can it ignore the provisions of the Act and approach the State Government to acquire lands for the purposes of the Act under the Land Acquisition Act, 1894 ? That is the simple question that arises in this case. The law on the subject is very well settled and, in my view, the learned judges of the High Court have correctly appreciated it and applied it to the facts of the case. Two principles noticed by the High Court are apposite. The first principle is generalia specialibus non derogant. This principle is exemplified by the decision of the Privy Council in Secretary of State v. Hindustan Co-operative Insurance Society Ltd. (1). The second principle is that if a statute directs a thing be done in a certain wax that thing shall not, even if there be no negative words,, be done in-any other way. This principle is illustrated by the decision in Ex parte Stephens (2). A combine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his complicated procedure conceived to reconcile individual rights and social purposes cannot be short circuited by the Trust ignoring the Act altogether and approaching the State Government for acquiring land for its purposes which it can only implement in the manner provided by the Act. The broad scheme of the Act also, therefore, supports the conclusion that the Trust can only implement the scheme involving acquisition of land in the manner provided by the Act. But strong reliance is placed on the provisions of the Schedule, particularly on para. 2 thereof in SU port of the contention that the provisions of the Land Acquisition Act are open to the Trust for acquiring lands for its purposes. Paragraph 2 of the Schedule reads : (1) The first publication of a notice of an improvement scheme under section 46 of the Bihar Town Planning and Improvement Trust Act 1951 (Bihar Act XXXVI of 1951) shall be substituted for and have the same effect as publication in the Official Gazette and in the locality of a notification under sub-section (1) of section 4 of the said Act, except where a notification under sub-section (1) of section 4 or a declaration under section 6 of the said Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after the Act. Section 33 (3) of the Act contemplates such a notification. Under that section a master plan prepared by the Trust may designate a particular land as subject to compulsory acquisition by the State Government. If' a particular land was designated as land subject to compulsory acquisition by the State Government, the State Government can compulsorily acquire that land. The Government might have issued a notification under s. 4 or s. 6 of tile Land Acquisition 'Act in respect of such land; in such a case the exception is attracted and the notice under S. 46 of the Act cannot be substituted for it. It is not suggested that the notification in question was issued by the Government in respect of a land designated under the master plan, as land subject to compulsory acquisition by the State Government. On this interpretation the exception does not become otiose and it fits in squarely with the scheme of the Act. So, the exception in cl. (3) dealing with deferred street schemes under s. 39 of the Act can be made to refer only to such notification issued by the Government under s. 4 or 6 of the Land Acquisition Act. I would, therefere, hold that when- ever the Trust s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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