LexNAGPUR IMPROVEMENT TRUST versus VASANTRAO AND ORS.
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A B NAGPUR IMPROVEMENT TRUST V. VASANTRAO AND ORS. SEPTEMBER 26, 2002 [B.N. KIRPAL, CJ., SHIVARAJ V. PATIL AND B.P. SINGH, JJ.] Land Acquisition Act, 1894 [as amended by Land Acquisition (Amendment and Validation) Act, 1967 and Land Acquisition (Amendment) C Act, 1984)-Sections 6,23(1-A), 23(2) and 28-Punjab Town Improvement Act, 1922-Section 59-Nagpur Improvement Trust Act, 1936-Section 59- Uttar Pradesh Awas and Vikas Parishad Adhiniyam, 1965-Section 55- Provisions of State Acts providing acquisition under Land Acquisition Ac/- Applicability of the subsequenl amendments of Land Acquisition Acl to the State Acts-Whether Land Acquisition Act incorporated or merely referred to D in lhe Slate Acts-Held, Land Acquisition Act legislatively incorporated in the State Acts and hence subsequent amendments of Section 6 will have no effect on the acquisition made under the State Acts-Bw claimants are entitled to the benefits conferred by section 23(/-A) and sections 23(2) and 28 of the Land Acquisition Act because while incorporating the provisions of the Land E acquisition Act in the State Acts, the intention of the legislature was that amendments in the Land Acquisition Act relating to determination and payment of compensation would be applicable to acquisition of lands for lhe purposes of the State Acts. Legislation by incorporation-Effect of-Held, when an earlier Act or F certain of its provisions are incorporated by reference into a later Act, later Act constitutes an independent legislation and repeal of the first statute by a third does not affect the second-But where there is mere reference to an earlier Act in later Act, modification, repeal or amendment of the statute that is referred will also have an effect on the statute in which it is referred- Whether a former statute is merely referred to in a later statute, or it is wholly G or partia!Zv incorporated therein is a question of construction .. H Punjab Town Improvement Act, 1922, Nagpur Improvement Trust Act, 1936 and Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, provide for acquisition of land in accordance with the provisions of the Land Acquisition Act subject to the modifications made thereto by the Acts 636 t r t ) • J - NAGPUR IMPROVEMENT TRUST v.VASANTRAO 637 and/or the schedule to the Acts. A The common question for consideration in the present cases were whether Sections 6, 23(2) and 28 of Land Acquisition Act, 1894 of Land Acquisition Act, stands incorporated or merely referred to in the State Acts in order to decide whether the claimants were entitled to the benefits given by subsequent amendments of the provisions above mentioned by B Land Acquisition (Amendment and Validation) Act, 1967 and Land Acquisition (Amendment) Act, 1984. In the matters arising under the Punjab Act, High court held that claimants whose lands were acquired under the Punjab Act were entitled C to additional compensation u/s 23(1-A) and also to the solatium u/s 23(2) and interest u/s 28 of the Land Acquisition Act as amended by 1984 Act. · In matters relating to Nagpur Act, High Court held that since Land Acquisition Act is merely referred to in Nagpur Act, the provisions of Section 6 including proviso thereto of Land Acquisition Act apply to D acquisitions under Nagpur Act; and that notice u/s 39 of the Act (corresponding to Section 4 of Land Acquisition Act) lapsed since notification u/s 45 of the Act (corresponding to Section 6 of Land Acquisition Act) was published after more than three years from the date of notification u/s 39 of the Act. E In matters relating to U.P. Act, High Court held that since Section 6 of Land Acquisition act was legislatively incorporates in the U.P. Act which was of 1965, subsequent amendments of section 6 of Land acquisition Act in 1967 did not affect the provisions of U.P. Act, and therefore acquisition proceedings did not lapse on expiry of period of three years from the date of issuance of notification u/s 28 of the Act F (corresponding to Section 4 of Land Acquisition Act). In appeal to this Court Jallandhar Improvement Trust in the matters relating to Punjab Act contended that the claimants were not entitled to the beneficial provisions under the Land Acquisition Act as brought in G by amending the Land Acquisition Act even in respect of acquisition under Punjab Act as the Scheme of the Punjab Act was different from the Scheme of Land Acquisition Act and different
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