STATE OF TAMIL NADU AND ORS. ETC. versus L. KRLSHANAN AND ORS. ETC.

Citation: [1995] SUPP. 4 S.C.R. 663 · Decided: 01-11-1995 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Disposed off

cites 6 · see the full citation network in Lexace

Judgment (excerpt)

STATE OF TAMIL NADU AND ORS. ETC. 
v. 
L. KRlSHANAN AND ORS. ETC. 
NOVEMBER 1, 1995 
[K. RAMASWAMY, B.P. JEEVAN REDDY AND 
B.L. HANSARIA, JJ.] 
Land Acquisition Act, 1894: 
A 
B 
Sections 4, 5-A, 6-Notification issued for acquiring lands for public C 
pwpos~Preparation of final and effective scheme on the date of issuance 
of notification-Whether a pre- conditio11-Held--7he provisions of the Act 
does not require any scheme before issuance of notification-No objections 
in inquiry under section 5-A were filed-Effect of 
Delay in passing the award--17ie person dep1ived of the land must be D 
given due compensation without avoidable delay-Obligation flows from the 
duty to exercise the st~tutory power in a reasnnahle and fair manner. 
Tamil Nadu Housing Board Act-Acquisition of /ands-Lands may be 
acquired both as part of housing or improvement scheme framed by it under E 
Chapter VII and also independent of siich schem~ublic pwpose defined 
in notification-Vagueness of--Jt is a question of fact to be decided in the 
facts and circumstances of each case. 
The Appellants issued three notifications under section 4(1) of the 
Land Acquisition Act, 1894 for acquiring the land for the implementation 
F 
of housing scheme and for increasing housing accommodation. The 
Respondents challenged t_he said notification in writ petitions which were 
allowed by the High Court holding that public purpose mentioned in the 
notification is vague and the date of issuance of notifications there did not 
exist any final and effective scheme prepared under the provisions of the G 
Tamil Nadu Housing Board Act; that there was undue delay in passing the 
award after the issuance of the declaration under section 6 and that there 
was non-compliance with the Land Acquisition Rules framed by the State 
Government in the course of inquiry under section 5-A. 
In appeal to this Court it was contended that it was not necessary H 
663 
664 
SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R. 
A 
that there should be a final and effective scheme prepared under the Tamil 
Nadu· Housing Board Act before the lands are an1uired for the purpose of 
Housing Board and that the lands can be acquired by the Government even 
where there is no final and effective housing scheme on the date of the 
notification and that the respondents had neither filed objections in the 
inquiry held under section 5-A nor did they raise these grounds at any time 
B · before issuance of declaration under section 6. 
On behalf of the Respondent it was contended that unless a scheme 
is prepared under and in accordance with the Tamil nadu Housing Board 
Act, no notification under section 4 of the Laud Acquisition Act can be 
C issued. Unless the public purpose is spelt out clearly, the person interested 
would be handicapped in making an effective representation in the inquiry 
under section 5-A. Unless they know for what specific purpose the land is 
sought to be acquired, giving them an opportunity to file objection is an 
empty formality; further that where the land is acquired for the purpose 
D of the Housing Board, a final scheme prepared under the Housing Board 
Act is a condition precedent and that such a scheme is a precondition for 
a notification under section 4 of the Land Acquisition Act. 
E 
F 
Disposing of the matter, this Court 
HELD : 1. Section 4 of the Land Acquisition Act, 1894 does not state 
expressly or by necessary intendment that before a notification is publish-
ed thereunder proposing to acquire land for the purpose of a body like 
Tamil Nadu Housing Board, a duly published final scheme prepared in 
accordance with the relevant Act should be in force. The provisions of the 
Tamil Nadu Housing Board Act make it abundently clear that the duty of 
the Housing Board is not merely the execution of the housing or improve-
ment schemes prepared and published by it under the Act but extends to 
executing other schemes made over to it or agreed to be undertaken by it. 
Section 35 (2) speaks of transfer to the Board the execution of any housing 
or improvement scheme not provided for by this Act, it certainly cannot 
G mean a scheme prepared in accordance with the provisions of the Tamil 
Nadu Housing Board Act. Moreover while transferring the scheme to the 
Board, the Government is empowered to impose such conditions as they 
may think fit to impose. Such terms and conditions are not specified in 
the Act but lie within the discretion of the Government. Similarly sub 
H 

Excerpt shown. Read the full judgment & AI analysis in Lexace.