Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2011 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (2) TMI 1167 - SC - Indian LawsAcquisition proceeding - appellant claims to be the owner of the land - appellant alleged that these two plots of land were outside the purview of the Framework Agreement (FWA) and notification issued under Sections 28(1) and 28(4) of Karnataka Industrial Areas Development Act (KIAD Act) - counsel for the appellant has relied on the judgment of Court in the case of Mariyappa and Others v. State of Karnataka and Others, contending that Section 11A is applicable to an acquisition under KIAD Act. In Mariyappa (1998 (2) TMI 541 - SUPREME COURT) before coming to hold that provision of Section 11A of the Central Act applies to Karnataka Acquisition of Land for Grant of House Sites Act, 1972 - Held that:- This Court held that the 1972 Act is not a self-contained code. The Court also held that the 1972 Act and the Central Acts are supplemental to each other to the extent that unless the Central Act supplements the Karnataka Act, the latter cannot function. But in the instant case the KIAD Act is a self-contained code and the Central Act is not supplemental to it. Therefore, the ratio in Mariyappa (supra) is not attracted to the facts of the present case, there is no substance in the contention of appellant that acquisition under KIAD Act lapsed for alleged non-compliance with the provisions of Section 11A of the said Act, all the contentions of the appellant, being without any substance, fail and the appeal is dismissed, State Government should complete the project as early as possible and should not do anything, including releasing any land acquired under this project, as that may impede the completion of the project and would not be compatible with the larger public interest which the project is intended to serve, appeal is dismissed.
|