GIRNAR TRADERS versus STATE OF MAHARASHTRA AND ORS.

Citation: [2011] 3 S.C.R. 1 · Decided: 11-01-2011 · Supreme Court of India · Bench: S.H. KAPADIA · Disposal: Reference answered

Cited by 13 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2011) 3 S.C.R. 1 
GIRNAR TRADERS 
v. 
STATE OF MAHARASHTRA AND ORS. 
(Civil Appeal No. 3703 of 2003) 
JANUARY 11, 2011 
·. -
[5.H. KAPADIA, CJI AND DR. MUKUNDAKAM 
SHARMA, K.5. RADHAKRISHNAN, SWATANTER 
K~MAR AND ANIL R. DAVE, JJ.] 
A 
B 
Maharash(ra Regional and Town Planning Act, 1966 C 
(MRTP Act): 
Purpose of - Held: The principal object of the MRTP Act 
is planned development of the State of Maharashtra by 
preparing development plans for regions and town planning 0 
schemes and constitution of various authorities to achieve the 
said purpose - It includes the function of acquisition of land 
but for a very limited purpose - Acquisition of land takes 
place only where the land is reserved, designated or required 
for eomplete qevelopment in the view of the Planning, 
D~ve/Qpment pr Appropriate Authority as the case may be. 
E 
Scheme 1.mcfer the Act ...., Wh~ther the Act is a self-
contained Code - Held, Yes - MRTP Act is ~n Act which 
completely provides for various steps in relation to execution 
of its object, constitution of various authorities to implement F 
the underlying scheme of planned development, machinery 
for interested persons to raise their claims for adjudication 
under the provisions of the Act or at best to an authority 
referred to in the Act - Thus, the MRTP Act is a complete code 
in itself. 
G 
Chapter VII - Whether all the provisions of the Land 
Acquisition Act, as amended by Land Acquisition 
(Amendment) Act, 1984 [Act 68 of 1984], with particular 
1 
H . 
2 
SUPREME COURT REPORTS 
[2011] 3 S.C.R. 
A reference on s. 11 A can be read into the provisions of the 
MRTP Act on the principle of either legislation by reference 
or legislation by incorporation - Held: All the provisions of the 
Land Acquisition Act introduced by later amendments would 
not, per se, become applicable and be deemed to be part and 
B parcel of the MRTP Act - The intent of the legislature to make 
the MRTP Act a self-contained Code with definite reference 
to required provisions of the Land Acquisition Act is clear -
Unambiguous language of the provisions of the MRTP Act 
and the legislative intent clearly mandates that it is a case of 
c legislation by incorporation in contradistinction to legislation 
by reference -
Nonetheless, some of the amended 
provisions of the Land Acquisition Act would be applicable to 
the MRTP Act or read as a part thereof, with reference to the 
doctrine of pith and substance and harmonious application 
0 
of the two statutes - The provisions introduced in the Land 
Acquisition Act, 1894 by Act 68 of 1984, limited to the extent 
of acquisition of land, payment of compensation and recourse 
to legal remedies provided under the said Act, can be read 
into an acquisition controlled by the provisions of Chapter VII 
of the MRTP Act but with a specific exception that the 
E provisions of the Land Acquisition Act in so far as they provide 
different time frames and consequences of default thereof 
including lapsing of acquisition proceedings cannot be read 
into the MRTP Act - S. 11 A of the Land Acquisition Act being 
one of such provisions cannot be applied to acquisitions 
F under Chapter VII of the MRTP Act - Reading of s. 11 A of the 
Land Acquisition Act into Chapter VII of the MRTP Act will 
rendE1r the substantive provisions of the MRTP Act ineffective, 
unworkable and may frustrate its object materially - Land 
G 
Acquisition Act, 1894 - s.11A. 
Land Acquisition Act, 1984 - Enactment of- Purpose -
Scheme under the Act - Discussed - Held: The primary 
object of the Act is acquisition of land for a public purpose 
which may be 'planned development' or even otherwise - The 
H Act itself is a self contained code within the framework of its 
GIRNAR TRADERS v. STATE OF MAHARASHTRA 
3 
AND ORS. 
limited purpose, i.e. acquisition of land - It provides for A 
complete machinery for acquisition of land including the 
process of execution, payment of compensation as well as 
legal remedies in case of any grievances. 
Doctrines: 
B 
Doctrine of legislation by reference - Meaning and 
applicability of - Held: When there is general reference in the 
Act in question to some earlier Act but there is no specific 
mention of the provisions of the former Act, then it is clearly 
considered as legislation by reference - In the case of C 
legislation by reference, the amending laws of the former Act 
would normally become applicable to the later Act. 
Doctrine of legislation by incorporation - Meaning

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