TMI Blog1976 (9) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... termination of compensation under the provisions of section 23(1) of the Land Acquisition Act, which was to. be applied to acquisitions under the City of Mysore Improvement Act 3 of 1903 (hereinafter referred to as 'the Mysore Act'), was the date of notification under section 18 of the Act corresponding to section 6 of the Acquisition Act. Recently, we have had to deal with a case in which the provisions of the City of Bangalore Improvement Act, 1945, corresponding substantially with those of the Act now before us, were interpreted by us. The provisions of Sections 14, 16 and 18 of the Mysore Act of 1903, as well as the Bangalore Act of 1945 are identical. And, the provisions of section 23 of the Mysore Act are identical with tho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf of the Land Acquisition Officer. But, it had not decided what was the real meaning of provisions of Section 23 of the Mysore Act which correspond with section 27 of the Bangalore Act. Section 23 of the Mysore Act now before us reads as follows: 23. The acquisition otherwise than by agreement of land within or without the City under this Act shall be regulated by the provisions, so far as they are applicable, of the Land Acquisition Act, 1894, and by the following further provisions, namely :-- (1 ) Upon the passing of a resolution by the Board that an improvement scheme under section 14 is necessary in respect of any locality, it shall be lawful for any person either generally or specially authorised by the Board in this behalf an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mysore Act. section 16 of the Act is also anterior to Section 18. This Court found that, although the procedure laid down in section 16 of the Bangalore Act, which corresponds exactly with section 16 of the Mysore Act now before us, is more elaborate than the procedure under section 4(1) of the Acquisition Act, yet, the purpose of section 16 of the Bangalore Act was the same as that of section 4 (1) of the Acquisition Act, we think that thisreasoning applies equally to the provisions of the Mysore Act. It is true that it can be more plausibly argued, with regard to the provisions of Mysore Act of 1903, that the market value for acquisition under this Act should be determined with reference to the Acquisition Act as it stood in 1903. Afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h which we are now concerned. Hence. to argue that the equivalent of section 6 notification trader the Acquisition Act should govern even proceedings commenced after the amendment would be to apply what had ceased to exist long before the proceeding commenced. The amendment of section 23(1) of the Acquisition Act meant a legally valid substitution of the notification under section 4(1) for the one under section 6 of the Acquisition Act. This implied an effective repeal and replacement. In such a situation, according to section 6 of the Mysore General Clauses Act, only proceedings commenced before the repeal would be governed by the unamended procedure. We think that the language of section 23 of the Mysore Act applies the provisions of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
