Case: National Coal Development Corporation Vs. Manmohan Mathur

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 words. The amending Act also added a new sub-section, numbered 3A and also enacted Section 3 by which the validation of acquisitions found ineffective by the Courts was made. It is necessary to refer to the amending Act. 7. Sub-section (3) of Section 28, as amended by Act 51 of 1957 (to which Act detailed reference is not necessary), reads as follows:"Any objection preferred under Section 5A of the said Act (Land Acquisition Act, 1894) in respect of any land covered by any notification issued under Section 4 of the said Act (Land Acquisition Act, 1894) shall be deemed to be an objection preferred under Section 8 of this Act to the relevant competent authority and may be disposed of by him as if the objection had been made in relation to a notification issued under Section 7 of this Act in respect of such land; and the Central Government may at any time make a declaration under Section 9 of this Act (Act XX of 1957) in respect of such land or any part thereof." 8. By the amending Act XXIII of 1969 the portions beginning with "in respect of such land" and ending with "or any part thereof" were substituted retrospectively by the words-"in respect of such land or of any rights in or over such land; and the Central Government may at any time make a declaration under Section 9 of this Act in respect of land or any part thereof or any rights in or over such land or part." 9. Simultaneously sub-section (3-A) was introduced and that reads:"(3A) Where in respect of any land covered by 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, then it 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." 10. Finally by section 3 of the Amending Act acquisitions were validated. Section 3 reads:3. Validation of certain acquisitions. Notwithstanding any judgment, decree or order of any court, every acquisition of land or the rights in or over land made by the Central Government in pursuance of the notifications of the Government of India in the late Ministry of Steel, Mines and Fuel (Department of Mines and Fuel) Nos. S. O. 1759 and S. O. 25, dated the 7th August, 1958, and the 22nd December, 1959, respectively, made under Section 9 of the principal Act, shall be and shall be deemed always to have been, as valid as if the provisions of Section 28 thereof as amended by this Act were in force at all material times when such acquisition was made and shall not be called in question in any Court of law on the ground only that before issuing such notifications no notification was issued under Section 7 of the principal Act in relation to the land or rights in or over such land covered by the said notifications Nos. S. O. 1759 and S. O. 25". 11. In view of this amendment it is obvious that now under the scheme of Act XX of 1957, as amended by Act 51 of 1957 and Act XXIII of 1969 a notification under Section 4 (1) of the Land Acquisition Act, 1894, is by fiction a notification under Section 4 of Act XX of 1957; an objection under Section5 A of the Land Acquisition Act, 1894 is deemed to be an objection under Section 8 of Act XX of 1957. It is also provided that if no objection had been preferred under Section 5A of the Land Acquisition Act, 1894 within the period specified in that Act, then it shall be deemed that a notification has been issued under S. 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. 12. 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 the fictions it has created in the original Act XX of 1957 (sic) by the amending 51 of 1957?) and against by the amending Act XXIII of 1969. Learned counsel, however, said that we must take a humane view of the position of a person like the respondent who would lose his all by the acquisition and that too through legislation which make the provisions fictional rather than real. As to the first part we can only say that if the law allows it, the Court must award it and as to the second part we say that this kind of legislation by making obligatory notifications fictional does not accord with our sense of propriety but we cannot say anything against it since Parliament undoubtedly possesses the power to make such fictions. 13.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]In view of this amendment it is obvious that now under the scheme of Act XX of 1957, as amended by Act 51 of 1957 and Act XXIII of 1969 a notification under Section 4 (1) ofthe Land Acquisition Act, 1894, is by fiction a notification under Section 4 of Act XX of 1957; an objection under Section5 A ofthe Land Acquisition Act, 1894 is deemed to be an objection under Section 8 of Act XX of 1957. It is also provided that if no objection had been preferred under Section 5A ofthe Land Acquisition Act, 1894 within the period specified in that Act, then it shall be deemed that a notification has been issued under S. 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 times9. LearnedCounsel 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 the fictions it has created in the original Act XX of 1957 (sic) by the amending 51 of 1957?) and against by the amending Act XXIII of. Learnedcounsel, however, said that we must take a humane view of the position of a person like the respondent who would lose his all by the acquisition and that too through legislation which make the provisions fictional rather than real. As to the first part we can only say that if the law allows it, the Court must award it and as to the second part we say that this kind of legislation by making obligatory notifications fictional does not accord with our sense of propriety but we cannot say anything against it since Parliament undoubtedly possesses the power to make such fictions.