TMI Blog2004 (10) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... s situated within the jurisdiction of Second Respondent, Jalgaon Municipal Council. The land owned by the appellant was subject to a reservation in the draft development plan of Jalgaon town, which was published on 19.3.1987.Since the appellant was unable to develop the land under reservation, and no steps were being taken by the Jalgaon Municipal Council to acquire the said land under the provisions of The Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the 'M.R.T.P. Act'), the appellant issued a notice dated 19.1.1989 under Section 49(1) of the M.R.T.P. Act, calling upon the State Government to either confirm or refuse the purchase notice within the period fixed under Section 49 of the M.R.T.P. Act. 3. On 25.7.1989 the State Government, acting under Section 49(4) of the M.R.T.P. Act, confirmed the purchase notice issued by the appellant. Despite confirmation of the purchase notice, Second Respondent, Jalgaon Municipal Council did not take any steps under Section 126 of the M.R.T.P. Act, nor did it apply to the State Government for acquisition of the land under reservation. 4. Ultimately, on 3.10.1991, the First Respondent State Governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 12(2) of the Land Acquisition Act, 1894 calling upon him to accept the compensation for the land acquired as per the award. The appellant moved a writ petition No. 822 of 2000 in the High Court of Judicature at Bombay and sought quashing of the notice under Section 12(2) of the Land Acquisition Act, 1894 and a direction enabling it to develop its land for residential purpose. By the impugned judgment, the High Court dismissed the writ petition by holding that the prayer for declaration of dereservation of the subject land as well as granting of permission to develop the property for residential purpose had already been declined by its earlier order dated 31.3.1997, which had become final as far as the appellant was concerned. The High Court thus took the view, the only issue we are required to examine i.e. whether the Land Acquisition Officer has complied with our directions and if the directions were not complied within the period of one year, as set out by us, whether the Petitioner is entitled for the reliefs prayed for in this petition. The High Court held: on perusal of the documents submitted before us we are satisfied that the requisite steps have been take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld mutatis mutandis apply to an acquisition under Chapter VII of the M.R.T.R Act. He pointed out that the M.R.T.R Act contains neither any provision for payment of compensation, nor does it prescribe the time within which the award has to be made after a declaration is made under sub sections 2, 3 or 4 of Section 126. It is urged that the Legislature could not have left it vague and indefinite. In the submission of the learned counsel, this is a situation of invocation of the provisions of the Land Acquisition Act, 1894, not by incorporation, but by reference. In other words, as and when the provisions of the Land Acquisition Act, 1894 are amended, all the amended provisions would be attracted to an acquisition under Chapter VII of the M.R.T.R Act, unless barred expressly or by direct implication. The amendments introduced in the Land Acquisition Act, 1894 by Central Act 68 of 1984 would all automatically apply. Consequently, the period of limitation prescribed under Section 11A for making the award would squarely apply. 11. Appellant urges that while sub section (4) of Section 126 may save a declaration under Section 6 of the Land Acquisition Act, 1894 from becoming bad because ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Act for determining the compensation, by necessary inference, the Central Act was intended to be applied mutatis mutandis to the acquisition under the Act. He seeks support from the award made by the Collector in that behalf. It is true that there is no express provision under the Act to determine compensation for the land acquired under the Act. Therefore, by necessary implication, compensation needs to be determined by applying the principles in Section 23 of the Central Act. But, there is a distinction between procedural and substantive provisions of a statute. Determination of compensation by applying appropriate principles is relatable to substantive provision, whereas making of award within a prescribed period is basically procedural. So, merely because Section 23 of the Central Act would apply to acquisition under the Act, it is not enough to hold that what is contained in Section 11-A would also apply. Further, what has been provided in sub-section (4) of Section 126 of the Act is a clear indication that failure to make the award within two years from the date of the declaration under sub-section (2) of Section 126 of the Act would not render the notification publish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to shut out or preclude the amendments introduced by Central Act 68 of 1984 in the Land Acquisition Act, 1894 from applying to an acquisition under Chapter VII of the M.R.T.P. Act. Or else, the consequence would be that, in respect of two land holders there would be arbitrary discrimination in the matter of acquisition of their lands, merely because in one case the acquisition is by the direct route of the Land Acquisition Act, 1894 and, in another case, through the indirect route of the M.R.T.P. Act. The vice of discrimination pointed out by a Bench of Seven learned Judges in Nagpur Improvement Trust and Anr. (supra) (vide Para 31), would affect such a situation. In order to avoid such a situation, and to save the constitutionality of the provisions of the M.R.T.P. Act, the provisions of enhanced benefits introduced by Central Act 68 of 1984 were read into the provisions of the M.R.T.P. Act, and an acquisition under the M.R.T.P. Act was held to be governed by the same provisions. The same principle should apply in the matter of attracting the provisions of Section 11A of the Act 68 of 1984 also to the acquisition under the M.R.T.P Act. 19. Thirdly, if the provisions of the M. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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