Full Judgment Text
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PETITIONER:
SHRI RAMTANU CO-OPERATIVE HOUSING SOCIETY LTD. & ANR.
Vs.
RESPONDENT:
STATE OF MAHARASHTRA & ORS.
DATE OF JUDGMENT:
05/08/1970
BENCH:
RAY, A.N.
BENCH:
RAY, A.N.
HIDAYATULLAH, M. (CJ)
SHELAT, J.M.
MITTER, G.K.
VAIDYIALINGAM, C.A.
CITATION:
1970 AIR 1771 1971 SCR (1) 719
1970 SCC (3) 323
CITATOR INFO :
F 1971 SC1188 (4)
R 1976 SC1031 (18)
F 1977 SC 183 (6)
ACT:
Maharashtra Industrial Development Act, 1961-Maharashtra
Development Corporation formed under the Act whether a
trading corporation Legislative competence-Legislation falls
under Entry 24 of the State List and not under Entry 43 of
Union List-Act is valid-No discrimination in procedure for
acquisition under above Act and Land Requisition Act, 1894-
Proviso to s. 33 of Maharashtra Act does not restrict
judicial power of Collector in determining compensation.
HEADNOTE:
In a petition under Art. 32 of the Constitution of India the
petitioners challenged the validity of the Maharashtra
Industrial Development Act, 1961. In support of the
petition it was contended : (i) that the Maharashtra
legislature was incompetent to enact the Act because the Act
was for the incorporation, regulation and winding up of the
Maharashtra Development Corporation which was a trading
corporation; accordingly the impugned legislation fell
within Entry 43 of List I (.Union List) or the Seventh
Schedule of the Constitution; (ii) that there was a special
procedure designed by the land Acquisition Act for
acquisition of land for the companies whereas in the present
case under the provisions of the impugned Act the State was
acquiring land for companies without adopting the procedure
of the Land Acquisition Act and thus there was procedural
discrimination; (iii) that the proviso to s. 33 of the
impugned Act providing that no compensation exceeding such
amount as the State Government may by general order specify
to be paid for acquisition shall be determined by the
Collector without the previous approval of the State
Government or its nominee, was restrictive of the judicial
power of the Collector.
HELD : (i) It is the true intent of the Act i.e. its pith
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and substance which will determine the validity of the Act.
Industries come within Entry 24 of the State List subject to
the provision of Entry 7 and Entry 52 of the Union List of
the Constitution. Entry 7 of the Union list relates to
industries declared by Parliament by law to be necessary for
the purpose of defence or for the prosecution of war. Entry
52 of the Union List relates industries the control of which
by the Union is declared by Parliament by law to be
expedient in the public interest. The establishment, growth
and development of industries in the State of Maharashtra
does not fall within Entry 7 and Entry, 52 of the Union
List. Establishment growth and development of industries in
the State is within the State List of industries. The, pith
and substance of the Act is establishment growth and
development of industries, and acquisition of land in that
behalf carries out the purposes of the Act by setting up the
Corporation as one of the limbs or agencies of the
Government. ’Me powers and functions of the Corporation
show in no certain terms that these are all in aid of the
principal and predominant purpose of establishment and
growth of industries. When the Government is satisfied that
the Corporation has substantially achieved the purposes for
which the Corporation is established,
720
the Corporation will be dissolved because the raison d’etre
is gone. It must, therefore, be held that the Act is a
valid piece of legislation. [725 F-726 D]
The contention that the Corporation was a trading one, or
that it Was -a Government company within the meaning of s.
617 of the Companies Act, 1956 could not be accepted.
[Reason dissussed] The true character of the Corporation in
the present case is to act as an architectural agent of the
development and growth of industrial towns by establishing
and developing industrial estates and industrial areas. [727
B-728 F]
(ii) The contention that there was procedural discrimination
is between the present Act and the Land Acquisition Act
could not be accepted.
The Maharashtra Industrial Development Act is a special one
having the specific and special purpose of growth,
development and Organisation ,of industries. That Act has
its own procedure. Under the Land Acquisition Act
acquisition is at the instance of and for the benefit of a
company whereas under the present Act acquisition is solely
by the State for public purposes. ’Me two acts arc
dissimilar in situation and circumstances. [728 H-729 E]
(iii) The proviso to s. 33 no doubt provides that where the
amount of compensation determined by the Collector is higher
than what the State Government may by general order specify
the approval of the State Government is necessary, But sub-
s. (5) of s. 33 states that in determining the compensation
the Collector shall be guided by the provisions contained in
sections 23 and 24 and other relevant provisions of the Land
Acquitition Act. There is no ceiling fixed by the
Government. Further there is an appeal to the Court from
the decision of the Collector. The decision of the Court
will finally determine the amount of compensation. There is
thus no restriction on the powers of the Collector in the
matter of determination of compensation, although the
approval of Government may be necessary in the Government
interest. [729 F-730 C]
JUDGMENT:
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ORIGINAL JURISDICTION: Writ Petitions Nos. 182 of 1969 and
42 to 45 of 1968.
Petition under Art. 32 of the Constitution of India for
enforcement of the fundamental rights.
D. M. Parulekar and A. G. Ratnaparkhi, for the petitioners
(in W.P. No. 182 of 1969).
S. S. Shukla, for the petitioners (in W.P. No. 42 to 45 of
1968.
S. T. Desai, G. L. Sanghi, B. D. Sharma for S. P. Nayar, for
respondents Nos. 1 to 3 (in W.P. No. 182 of 1969) and the
respondents (in W.P. Nos. 42 to 45 of 1968).
The Judgment of the Court was delivered by-
Ray, J. These petitioners raise two principal questions.
First, whether the State of Maharashtra (hereinafter
referred to as the State) is competent to enact the
Maharashtra Industrial Development Act, + 1961 (hereinafter
referred to as the Act): secondly, whether there is
procedural discrimination between the Maharashtra Industrial
Development Act, 1961 and the Land Acquisition Act, 1894,
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The contentions of the petitioners are that. the Act is for
the incorporation, regulation -and winding up of the
Maharashtra Development Corporation (hereinafter referred to
as the Corporation) and that the Corporation is a trading
one and therefore the impugned legislation falls within
Entry 43 of List I of the Seventh Schedule of the
Constitution. On behalf of the State-it is said on the
other hand that the Act is for the growth and development of
industries in the State of Maharashtra and for acquisition
of land in that behalf and the Corporation is established
for carrying out the purposes of the Act, and, therefore,the
legislation is valid.
The true character,scope and intent of the Act is to be
ascertained with reference to the purposes and the
provisions of the Act. The Act is one to make a special
provision for securing the orderly establishment in
industrial areas and industrial estates of industries in the
State of Maharashtra, and to assist generally in the
Organisation thereof, and for that purpose to establish an
Industrial Development Corporation, and for purposes con-
nected with the matters aforesaid.
The Corporation is established for the purpose of securing
and assisting the rapid and orderly establishment and
organisation of industries in industrial areas and
industrial estates in the State of Maharashtra. The
Corporation consists of 8 members, two of whom are nominated
by the. State Government of whom one shall be the Financial
Adviser to the Corporation, one member nominated by the
State Electricity Board, one member nominated by the Housing
Board and three members nominated by the State Government,
from amongst person appearing to Government to be qualified
as having had experience of , and having shown capacity in,
industry or trade or finance or who are in
the opinion of the Government capable of representing the
interest of persons engaged or employed therein, and the
Chief Executive Officer of the Corporation, who shall be the
Secretary of the Corporation.
The functions of the Corporation shall, be generally to
promote and assist in the rapid and orderly establishment,
growth and development of industries in the State of
Maharashtra and to establish and manage industrial estates
at places selected by the State Government, develop
industrial areas selected by the State Government for the
purpose and make them available for undertakings to estab-
lish themselves, assist financially by loans industries to
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move their factories into such estates or areas, and to
undertake schemes or works, either jointly with other
corporate bodies or institutions, or
69Sup.CI(P)71-2
722
with Government or local authorities, or on agency basis, in
furtherance of the purposes for which the Corporation is
established and all matters connected therewith.
An industrial area under the Act means any area declared to
be an industrial area by the State Government by
notification in the Official Gazette which is to be
developed and where industries are to be accommodated. An
industrial estate under the Act means any site selected by
the State Government, where the Corporation builds factories
and other buildings and makes them available for any site
selected by the State Government, where the Corporation
means the carrying out of building, engineering, quarrying
or other operations in, on, over or under land, or the
making of any material change in any building or land, and
includes redevelopment, but does not include mining
operations. Amenity under the Act includes road, supply of
water or electricity, street lighting, drainage, sewerage,
conservancy and such other conveniences as the State
Government may by notification in the Official Gazette
specify to be an amenity for the purposes of the Act.
We have referred to these expressions, industrial area,
industrial ’estate, development and amenity in order to
appreciate the general powers of the Corporation to
discharge the functions of the Corporation in regard to the
establishment, growth and development of industries, in the
State. These powers are to acquire and hold property,
movable and, immoveable for the performance of any of its
activities, and to lease, sell, "change or otherwise trans-
fer any property held by the Corporation on such conditions
as may be deemed proper by the Corporation and also to
purchase by agreement or to take on lease or under any form
of tenancy any land, to erect such buildings and to "execute
such other works as may be necessary for the purpose of
carrying out its duties and functions, to provide or cause
to be provided amenities and common facilities in industrial
estates and industrial areas and construct and maintain or
cause to be maintained works and buildings therefore, to
make available buildings on hire or sale to industrialists
or persons intending to start industrial undertakings, to
construct buildings for the housing of the employees of such
industries, to allot factory sheds or such buildings or
parts of buildings, including residential tenements to
suitable persons in the industrial estates established or
developed by the Corporation, and to, do such other things
and perform such acts as it may think necessary or expedient
for the proper conduct of its functions, and the carrying
into effect the purposes of this Act.
Broadly stated ’the functions and powers of the Corporation
are to-develop industrial areas and industrial estates by
providing. amenities of Toad, supply of water or
electricity, street,. lighting,
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drainage, sewerage, conservancy and other conveniences,
secondly to construct works and buildings, factory sheds and
thirdly, to make available buildings on hire or sale to
industrialists or persons intending to start industrial
undertakings and to allot factory sheds, buildings,
residential tenements to suitable persons in industrial
estates established or developed by the Corporation and to
lease, sell, exchange or otherwise transfer any property
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held by the Corporation on such conditions as may be deemed
proper by the Corporation.
The development of industrial areas and industrial estates
is intended to serve two objects. In the first place, there
is to be an orderly establishment and growth of industries
in the Bombay Poona sector. The second object is to secure
dispersal of industries from the congested areas of the
Bombay Poona sector to the under-developed parts of the St-
ate. The industrial areas are broadly classified into two
categories, namely, first, those meant for engineering and
other industries which are not obnoxious, and, secondly,
those meant for chemical industries. The establishment and
growth of industries in the State is inextricably bound up
with availability of land. - Available land in limited.Such
limited supply leads to speculation in land. Power is
therefore required for compulsory acquisition of land to
achieve the purposes of the Act. At the same time, land
owners are not to be deprived of the legitimate benefit of
reasonable increase in land values in a developing economy.
Development of chemical industries requires long stretches
of pipelines to be laid for moving gas and other liquid ,
chemical products. The growth of industries in the State by
establishment of industrial areas and industrial estates
also means laying pipelines for carrying gas, water,
electricity and constructing sewerage and drains. These
amenities are essential. The absence of amenities is
envisaged and answered in the Act by empowering the
Corporation to provide these essential amenities, facilities
and conveniences.
The principal functions of the Corporation in regard to the
establishment, growth and development of industries in the
are first to establish and manage industrial, estates at
selected places and secondly to develop industrial areas
selected by the State Government. When industrial areas
are selected the necessity of acquisition of land in those
areas is apparent. The ’Act, therefore, contemplates that
the, ate Government may acquire land by publishing a notice
specifying the particular purpose for which such land is
required. Before: the publication of the notice the owner
of the land is given an -opportunity, to show cause as
to
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why the land should not be acquired. The State after
considering the cause shown by the owner the State
Government may pass such orders as it deems fit. When a
notice is published for acquisition of land, the land,
shall, on and from the date of such publication, vest
absolutely in the State, Government free from all en-
cumbrances. Where the land has be-en acquired for the
Corporation or any local authority, the State Government
shall, after it has taken possession of the land, transfer
the land to the Corporation or that local authority, for the
purposes for which the land has been acquired subject to
such terms and conditions which the -State Government may
deem fit to impose. We have already noticed that for the
purpose of the Act, namely, the establishment -and
development of industries in the State the Corporation will
establish industrial estates and develop industrial areas.
Apart from establishing industrial estates and developing
industrial areas the Corporation may dispose of any land
acquired by the State Government and transferred to the
Corporation without undertaking or carrying out any
development thereof or transfer such land after undertaking
or carrying out any development as it thinks fit. These
powers of the Corporation with respect to the disposal of
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land are to be exercised so far as practicable, that where
the Corporation proposes to dispose of by sale any such land
without any development having been undertaken or carried
,out thereon, the Corporation shall offer the land in the
first instance to the persons from whom it was acquired if
they desire to purchase it subject to such requirements as
to its development and use as the Corporation may think fit
to impose. Against, the -persons who are residing or
carrying on business or other activities on any such land
shall, if they desire to obtain accommodation -on land
belonging to the Corporation and are willing to comply with
any requirements of the Corporation as to its development
and use, have an opportunity to obtain thereon accommodation
suitable to their reasonable requirements on terms settled
with due regard to the price at which any such land has
been. acquired ’from them.
The other provisions in the Act are that the State
Government may upon such conditions as may be agreed between
the State ’Government and the Corporation, place at the
disposal of the ,Corporation any land vested in the, State
Government. After any such land has been developed by, or
under the control and super-vision of, the Corporation, it
shall be dealt with by the Corporation in accordance with
the regulations made, and directions given -by the State
Government in this behalf. Further, if Any land placed at
the disposal of the Corporation is required at any time
thereafter by the State Government, the Corporation shall
replace
725
it at the disposal of the State Government upon such terms
and conditions as may be mutually agreed upon.
There are two-other important provisions in the Act. In the
first place, the State Government may issue to the
Corporation such general or special directions as to policy
as it may think necessary or expedient for the purpose of
carrying out the purposes of the Act,_ and the Corporation
shall be bound to follow and act upon such directions.
These directions will be in the field of’ establishment and
management of industrial estates and development of
industrial areas and carrying out the other powers of the
Corporation in regard to the provision of amenities and
common facilities, and assisting industrialists or
industrial undertakings in. obtaining buildings or factory
sheds or residential tenements or land for development of
industries. The second important provision is that when the
State Government is satisfied that the purposes for which
the Corporation is established under the Act have been
substantially achieved so as to render the continued
existence of the Corporation in the opinion of the State
Government unnecessary that Government may by notification
in the Official Gazette declare that the Corporation shall
be dissolved with effect , from such date as may be
specified in the notification and the Corporation shall be
deemed to be dissolved ’accordingly. Upon such dissolution,
all properties, funds and dues which are vested’ in or
realisable by the Corporation shall vest in or be realised
by the State Government and all liabilities enforceable
against the Corporation shall be enforceable against the
State Government.
It is in the background of the purposes of the Act and
powers and functions of the Corporation that the real and
true character of the legislation will be determined. That
is the doctrine of finding out the pith and substance of an
Act. In deciding the pith and substance of the legislation,
the true test is not to find out whether the Act has
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encroached upon or invaded any forbidden field but what the
pith and substance of the Act is. It is true intent of the
Act which will determine the validity of the Act.
Industries come within Entry 24 of the State List subject to
the provision of Entry 7 and Entry 52 of the Union List of
the Constitution. Entry 7 of the Union List relates to
industries declared by Parliament by law to necessary for
the purpose of defence or for the prosecution of war.
Entry 52 of the Union List relates to industries, the
control of which by the Union is declared by Parliament by
law to be expedient in the public interest. The
establishment, growth and development of industries in the
State of Maharashtra do not fall within Entry 7 and Entry 52
of the Union List. Establishment, growth and development of
industries in the State is within the
726
State List of industries. Furthermore,- to effectuate the
purposes of the development of industries in the State it is
necessary make land available. Such land can be made
available by - acquisition or requisition. The Act in the
present case deals with acquisition of land by the State and
on such acquisitions the State may transfer the land to the
Corporation which again may develop it itself and establish
industrial estates or may develop industrial areas. Acqui-
sition or requisition of land falls under Entry 42 of the
Concurrent List. In order to achieve growth of industries
it is necessary not ,only to acquire land but also to
implement the purposes of the Act. The Corporation is
therefore established for carrying out the purposes of the
Act. ’De pith and substance of the Act is establishment,
growth and Organisation of industries, acquisition of land
in that behalf and carrying out the purposes of the Act by
setting up the Corporation as one of the limbs or agencies
of the Government. The powers and functions of the
Corporation show in’ no ,uncertain terms that these- are all
in aid of the -principal and-predominant purpose of
establishment, growth and establishment of ,industries. The
Corporation is established for that purpose. When the
Government is satisfied that the Corporation has
substantially achieved the purpose for which the Corporation
is established, the Corporation will be dissolved because
the raison detre is gone. We, therefore, hold that the Act
is a valid piece of legislation.
The petitioners contended that -the Corporation was a
trading one. The reasons given were that the Corporation
could sell property, namely, transfer land; that the
Corporation had borrowing powers-, and that the Corporation
was entitled to moneys by way of rents and profits.
Reliance was placed on the report of the Corporation and in
particular on the income and expenditure of the Corporation
to show that it was making profits. These features of
transfer of land, or borrowing of moneys or receipt of rents
and profits will by themselves neither be the indicia nor
the decisive attributes of the trading character of the
Corporation. Ordinarily, a Corporation is established by
shareholders with their capital. The shareholders have
their Directors for the regulation and management of the
Corporation. Such a Corporation set up by the shareholders,
carries on business and is intended for making profits.
When profits are earned by such a Corporation they are
distributed to shareholders by way of dividends or kept in
reserve funds. In the present case, these attributes of a
trading Corporation are absent. The Corporation is
established by the Art for carrying out the purposes of the
Act. The purposes of the Act are development of industries
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in the State. The Corporation consists of nominees -of the
State Government, State Electricity Board and the Housing
Board. The functions and powers of the Corporation indicate
’that the Corporation is acting as I a wing of the State
Government
727
in establishing industrial estates and developing industrial
areas, acquiring property for those purposes, constructing
buildings, allotting buildings, factory sheds to
industrialists or industrial undertakings. It is obvious
that the Corporation will receive moneys for disposal of
land, buildings and other properties and also that the
Corporation would receive rents and profits in appropriate
,cases. Receipts of these moneys arise not out of any
business or trade but out of the sole purpose of
establishment, growth and development of industries.
The Corporation has to provide amenities and facilities in
industrial estates and industrial areas. Amenities of road,
electricity, sewerage and other facilities in industrial
estates and industrial areas are within the programme of
work of the Corporation. The fund of the Corporation
consists of moneys received from the State Government, all
fees, costs and charges received by the Corporation, all
moneys received by the Corporation from the disposal of
lands, buildings and other properties and all moneys
received by the Corporation by way of rents and profits or
in any other manner The Corporation shall have the authority
to spend such sums out of the general funds of the
Corporation or from reserve and other funds. The
Corporation is to make provision for reserve and other
specially denominated funds as the State Government may
direct. The Corporation accepts deposits from persons,
authorities or institutions to whom allotment or sale of
land, buildings, or sheds is made or is likely to be made in
furtherance of the object of the Act. A budget is prepared
showing the estimated receipts and expenditure. The
accounts of the Corporation are audited by -an auditor
appointed by the State Government. These provisions in
regard to the finance of the Corporation indicate the real
role of the Corporation, viz., the agency of the Government
in carrying out the purpose and object of the Act which is
the development of industries. If in the ultimate analysis
there is excess of income over expenditure that will not
establish the trading character of the Corporation. There
are various departments of the Government which may have
excess of income over expenditure.
The Corporation is not a Government company within the
meaning of section 617 of the Companies Act, 1956 nor can
the ’Companies Act, 1956 be said to apply to the Corporation
because under the provisions contained in section 616 of the
Companies Act that Act will apply to a company governed by
any special Act except in so far as the provisions of the
Companies Act are inconsistent with the provisions of such
special Act. The provisions of the Act in the present case
in regard to incorporation, functions, powers and
dissolution of the Corporation show that the purposes
728
and objects of the Act and the functions and powers of the
Corporation are like the warf and weft of the fabric of
development of industries by the State.
There are two provisions of the- Act which are not to be
found in any trading Corporation. In the first place, the
sums payable by any person to the Corporation are
recoverable by it under this Act as an arrear of land
revenue on the application of the, Corporation. Secondly,
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on dissolution of the Corporation the assets vest in and the
liabilities become enforceable against the State Government.
The underlying concept of a trading Corporation is buying
and selling. There is no aspect of buying or selling by-
the Corporation in the, present case. The Corporation
carries out the purposes of the Act, namely, development of
industries in the State. The construction of buildings, the
establishment of industries by’ letting buildings on hire or
sale, the acquisition and transfer of land in relation to
establishment of industrial estates or development of
industrial areas and of setting up of industries cannot be
said to be dealing in land or buildings for the obvious
reason that the State is carrying out the objects of the Act
with the Corporation as an agent insetting up industries in
the State. The Act aims at building an industrial town and
the Corporation carries out the objects of the Act. The
hard core of trading Corporation is its commercial
character. Commerce connotes transactions of purchase and
sale of commodities, dealing in goods. The forms ’of
business transactions may be varied but the real character
is buying and selling. The true character of the
Corporation in the present case is to act as an
architectural agent of the development and growth of indus-
trial towns by establishing and developing industrial
estates and industrial areas. We are of opinion that the
Corporation is not a trading one.
Counsel on behalf of the petitioners contended that there
was procedural discrimination between the Land Acquisition
Act and the Act in the present case. It was said that there
was a special procedure designed by the Land Acquisition Act
for acquisition of land for the companies whereas in the’
present case the State was acquiring land for companies
without adopting the procedure of , the Land Acquisition
Act. It is to be remembered that the Act in the present
case is a special one having the specific and special pur-
pose of growth, development and Organisation of industries
in the State of Maharashtra. The Act has its own procedure
and there is no provision in the Act for acquisition of land
for a company as in the case of Land Acquisition Act. In
the present case, acquisition under the Act is for the
purpose of development of industrial
729
estates or industrial areas by the Corporation or any other
purpose in furtherance of the objects of the Act. The
policy underlying, the Act is not acquisition of land for
any company but for the one. and only purpose of
development, Organisation and growth of industrial estates
and industrial areas. The Act is designed to have a planned
industrial city as opposed to haphazard growth of industrial
areas in all parts of the State. The Act is intended to
prevent ,.growth of industries in the developed parts of the
State. Industries are therefore to be set up in the
developing or, new parts of the State where new industrial
towns will be brought into existence.. The object of, the
Act is to carve out planned areas for industries.. On one
side there Will be engineering industries and on the other
there will be chemical industries. There will be
localisation of industries with the result that the
residents and dwellers of towns and cities will not suffer
either from the polluted air or obnoxious. chemicals of
industries or the dense growth of industries and industrial
population, within and near about the residential areas.
The Land Acquisition Act is a general Act and that is why
there is specific provision for acquisition of land by the,
State for public purpose and acquisition of land by the
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State for companies. The present Act on the other hand is
designed the sole purpose of development of industrial areas
and industrial estates and growth and development of
industries within the State. Industrial undertakings or
persons who are engaged in industries all become entitled to
the’ facilities on such industrial growth. Under the Land
Acquisition Act acquisition is at the instance of and for
the benefit of a company whereas under the present Act
acquisition is solely by the State for public purposes. The
two acts are dissimilar in situations and circumstances.
The petitioners contended that the provisions as to
compensation were a restriction on the judicial power of the
Collector. Section 33 of the Act deals with compensation.
The amount of compensation under the Act can be determined
by agreement between the State Government and the person to
be compensated. Where on the other hand no such agreement
can be reached, the State Government shall refer the case to
the Collector. That is subsection (3) of section 33 of the
Act. The proviso to that sub-section is that no
compensation exceeding such amount as the State Government
may by general orders specify to b paid for such acquisition
shall be determined by the Collector without the previous
approval of the State Government or such officer as the
State Government may appoint in that behalf. This proviso
was construed on behalf of the petitioners to be -a fetter
on the judicial powers of the Collector to determine
compensation. Subsection (5) of section 33 of ’,.he Act
states that in determining the amount of compensation the
Collector shall be guided by the pro-
730
visions contained in sections 23 and 24 and other relevant
provisions of the Land Acquisition Act These provisions
indicate that if the Collector will determine an amount
higher than what the State Government may by general orders
specify, the approval of the State Government will be
necessary. There is no ceiling fixed by the Government.
Finally, there is an appeal to the Court from the decision
of the Collector. The decision of the Court will finally
determine the amount of compensation. We are of opinion
that there is no restriction on the, powers of the Collector
in the matter -of determination of compensation, although
the approval of Government may be necessary in the
Government interest.
All the contentions advanced by the petitioners fail. The
petitions ’are dismissed with costs.
G.C. Petitions dismissed.
731