9911796707
TMI Blog1970 (1) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Constitution. By the judgment under appeal the appellants are restrained from carrying on depillaring operations underneath the land of the respondent Manmohan Mathur in village Chirimiri in District Surguja in Madhya Pradesh. 2. The facts are as follows: Chirimiri is a coal-bearing area. On February 1, 1957 the Government of Madhya Pradesh, acting in exercise of the functions of the Central Government under the Land Acquisition Act, 1894 entrusted to it by the President under Article 258(1) of the Constitution, issued notification under Section 4(1) of the Land Acquisition Act stating that the lands specified in Chirimiri village were needed for the prospecting of coal seams for development of collieries by the Central Government. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued by the Central Government and that the subsequent action was, therefore, invalid. 4. To understand the objection which was sustained by the High Court it is necessary to refer briefly to a part of the scheme of Act XX of 1957. It will be noticed that the initial notification was under Section 4(1) of the Land Acquisition Act, 1894. That notification was issued at a time when Act XX of 1957 was not enacted. Subsequently under Section 28 of Act XX of 1957 it was provided that every notification issued under Section 4(1) of the Land Acquisition Act before the commencement of Act XX of 1957 whether by the Central Government or by a State Government should be deemed to be a notification under Section 4 of Act XX of 1957. Similarly, it was p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice to acquire the land or any rights in or over such land is given under Sub-section (1) within the period allowed thereunder, the notification issued under Sub-section (1) of section 4 shall cease to have effect on the expiration of three years from the date thereof. It is this notification which the High Court found missing and therefore all subsequent action under Act XX of 1957 was held to be invalid. 6. It is not necessary to discuss the correctness or otherwise of the view of the High' Court because on August 11, 1969 Coal Bearing Areas (Acquisition and Development) Amendment Act XXIII of 1969 was enacted. By this amending Act Section 28(3) was amended by removal of certain words and substitution retrospectively of other word ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y any notification issued under Section 4 of the said Act, no objection has been preferred under Section 5A thereof within the period specified in that section, the nut shall be deemed that a notification had been issued under Section 7 of this Act in respect of such land or of any rights in or over such land and that no objection to the acquisition of the land or any rights in or over land had been preferred under Section 8 of this Act, and accordingly the Central Government may at any time make a declaration under Section 9 of this Act in respect of the land or any part thereof or any rights in or over such land or part. Finally by Section 3 of the Amending Act acquisitions were validated. Section 3 reads:- 3. Validation of certain acqu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deemed that a notification has been issued under Section 7 of this Act in respect of the land and further that no objection to the acquisition of the land or any rights in or over that land has been preferred under Section 8 of the Act and accordingly the Central Government may at any time make a declaration under Section 9 of Act XX of 1957 in respect of that land. By Section 3 the effect of a decision of a court is removed as if the provisions of Section 28 of Act XX of 1957, as amended by Act XXIII of 1969 were in force at all material times. 9. learned Counsel for the respondent could not point to anything by which the amending Act could be called in question. It was conceded that it was within the competence of Parliament to create t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
