TMI Blog2008 (8) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... the Adi Dravidar Welfare Middle School, Devimangalam village is not coming under the purview of the definition of Harijan welfare scheme under Section 3(g) of the above said Act. 2. The lands in an extent of 0.79.0 hectares and 0.91.5 hectares owned by respondents in writ appeal Nos.4150 and 4151 of 2004 respectively, was sought to be acquired under the Act. The appellant after considering the objections from the persons interested in the land under Section 4(2) and (3) of the Act, caused a publication in Tiruchirappalli District Gazette a notification under Section 4(1) of the said Act for acquiring the lands for construction of additional building to the Government (Adi Dravida Welfare) Middle School, Devimangalam village. The respondents after unsuccessfully moving the Civil Court against the acquisition proceedings filed the writ petitions challenging the acquisition proceedings on several grounds as to the suitability and adaptability of the land for the purpose for which it is sought to be acquired. 3. Before the writ Court, the respondents have taken a new point to the effect that the purpose for which the lands are sought to be acquired would not come wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is said that every statute is an edict of the legislature. (See: Gwalior Rayons Silk Mfg. (Wvg.) Co. Ltd. v. Custodian of Vested Forests, Palghat and Another, ((1990) Supp SCC 785); Union of India v. Deoki Nandan Aggarwal, ((1992) Supp (1) SCC 323); Institute of Chartered Accountants of India v. Price Waterhouse, ((1997) 6 SCC 312), Harbhajan Singh v. Press Council of India and others((2002) 3 SCC 722) and Grasim Industries Limited Vs. Collector of Customs, Bombay ((2002) 4 SCC 297)). 7. Part IV of the Constitution of India, the Directive Principles of State Policy contains Articles 36 to 51. Though the principle contained in Part IV of the Constitution is not justiciable, nevertheless, they are fundamental in the governance of the country and it shall be the duty of the State to apply the principles contained in Part IV in making the laws. As per the Constitutional mandate, the Act 31 of 1978 has been enacted to provide for acquisition of land for Harijan welfare scheme. The intention of the statute has been clearly stated in Section 2 of the Act as to give effect to the policy of the State towards securing the purposes laid down in Part IV of the Constitution, and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Founder Fathers of our Constitution in their wisdom realized that there were certain historically disadvantaged communities, which had been oppressed for thousands of years, and for whom compensatory State action was called for. One of these historically disadvantage communities are Scheduled Castes and Scheduled Tribes and hence, special provisions were made for them in Articles 15(4, 16(4), 16(4-A) and other provisions in the Constitution. This was necessary otherwise these historically oppressed classes would not be able to come up to the level of other classes of people, and thus inequality would continue. The Tamil Nadu Act 1978 was obviously made with this historic situation of mind. 11. In the case of Chameli Singh v. State of U.P., ((1996) 2 SCC 549), which is also arising under the Central Land Acquisition Act, the Apex Court has held that in any organised society, right to live as a human being is not ensured by meeting only the animal needs of man. It is secured only when he is assured of all facilities to develop himself and is freed from restrictions which inhibit his growth. All human rights are designed to achieve this object. Right to live guaranteed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e statute purports to regulate, has to be rejected. (vide H.P. Tourism Development Corporation Vs. Union of India (1999) 238 ITR 38) 15. If the above principle is applied, having regard to the intention of the Legislature, with particular reference to Article 46 of the Constitution of India, the last limb of the definition under Section 3(g) for providing any other amenity for the benefit of Harijans , would include within its ambit, in our view, the provision for education also. We can take Section 40(1)(a) of the Central Land Acquisition Act, 1894 as an example to this case as the said provision is a comparable provision to the present one, which reads as follows: 40. Previous enquiry. - (1) ..... (a) that the purpose of the acquisition is to obtain land for the erection of dwelling houses for workmen employed by the Company or for the provision of amenities directly connected therewith, .. 16. If the intention of the Legislature is to give a restricted meaning for the expression for providing any other amenity for the benefit of Harijans in the impugned Act, they would have clearly stated the same as stated in the Central Act for providin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the pricniple of purposive interpretation, (see H.P. Tourism Development Corporation Vs. Union of India (1999) 238 ITR 38) ) 20. The exposition of law as to the applicability of the rule of ejusdem generis is classically expressed by the Apex Court in the case of Siddeshwari Cotton Mills (P) Ltd. v. Union of India, (1989) 2 SCC 458, as follows: 12. The expression ejus-dem-generis of the same kind or nature signifies a principle of construction whereby words in a statute which are otherwise wide but are associated in the text with more limited words are, by implication, given a restricted operation and are limited to matters of the same class or genus as preceding them. If a list or string or family of genus-describing terms are followed by wider or residuary or sweeping-up words, then the verbal context and the linguistic implications of the preceding words limit the scope of such words. 13. In Statutory Interpretation Rupert Cross (p. 116) says : The draftsman must be taken to have inserted the general words in case something which ought to have been included among the specifically enumerated items had been omitted.... 14. The pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther rules of interpretation, that all words in a statute are given effect if possible, that a statute is to be construed as a whole and that no words in a statute are presumed to be superfluous.... 18. In UPSEB v. Hari Shanker (AIR 1979 SC 65) it was observed : (SCC p. 30, para 15 : AIR p. 73) ... The true scope of the rule of ejusdem generis is that words of a general nature following specific and particular words should be construed as limited to things which are of the same nature as those specified. But the rule is one which has to be applied with caution and not pushed too far. ... 19. The preceding words in the statutory provision which, under this particular rule of construction, control and limit the meaning of the subsequent words must represent a genus or a family which admits of a number of species or members. If there is only one species it cannot supply the idea of a genus. (bold supplied) 21. From the reading of the definition clause of Harijan Welfare Scheme , which has been extracted supra, we are not able to find that there is any class of words, or category of words or genus of words followed by general words in the Section. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim. Quite clearly this clause is much wider in scope than Order 47 Rule 1(c). The expression others sufficient cause occurring in clause (iv) of Rule 18 has therefore to be construed in this context. When in a statute there are general words following particular and specific words, the general words are some times construed as limited to things of the same kind as those specified. This rule of interpretation generally known as ejusdem generis rule has been pressed into service on behalf of the appellant. This rule reflects an attempt to reconcile incompatibility between the specific and general words, in view of the other rules of interpretation, that all words in a statute are given effect if possible, that a statute is to be construed as a whole and that no words in a statute are presumed to be superfluous. Ejusdem Generis rule being one of the rules of interpretation, only serves, like all such rules, as an aid to discover the legislative intent; it is neither final nor conclusive and is attracted only when the specific words enumerated, constitute a class, which is not exhausted and are followed by general terms and when there is no manifestation of intent to give broader m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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