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In the absence of such details,we are unable to rely on those orders Ratio |
From the analysis of the above decisions and the concerned provisions with which we are concerned,the following principles emerge: "a) When the Court issues notice confining to particular aspect/sentence,arguments will be heard only to that extent unless some extraordinary circumstance/material is shown to the Court fo... |
Long delay in disposal of appeal or any other factor may not be a ground for reduction of sentence,particularly,when the statute prescribes minimum sentence Ratio |
In other cases where no such minimum sentence is prescribed,it is open to the Court to consider the delay and its effect and the ultimate decision Ratio |
In a case of corruption by public servant,quantum of amount is immaterial Ratio |
Ultimately it depends upon the conduct of the delinquent and the proof regarding demand and acceptance established by the prosecution Ratio |
Merely because the delinquent lost his job due to conviction under the Act may not be a mitigating circumstance for reduction of sentence,particularly,when the Statute prescribes minimum sentence Ratio |
Though Art.142 of the Constitution gives wider power to this Court,waiver of certain period as prescribed in the Statute imposing lesser sentence than the minimum prescribed is not permissible Ratio |
An order,which this Court can make in order to do complete justice between the parties,must not only be consistent with the fundamental rights guaranteed by the Constitution,but also it cannot even be inconsistent with the substantive provisions of the relevant Statute Ratio |
In other words,this Court cannot altogether ignore the substantive provisions of a Statute Ratio |
g Ratio |
In exercise of the power u/art.142 of the Constitution,this Court generally does not pass an order in contravention of or ignoring the statutory provisions nor is the power exercised merely on sympathy Ratio |
h Ratio |
The power u/art.142 of the Constitution is a constitutional power and not restricted by statutory enactments Ratio |
However,this Court would not pass any order u/art.142 which would amount to supplant the substantive law applicable or ignoring statutory provisions dealing with the subject Ratio |
In other words,acting under Article 142,this Court cannot pass an order or grant relief which is totally inconsistent or goes against the substantive or statutory enactments pertaining to the case Ratio |
i Ratio |
The powers u/art.142 are not meant to be exercised when their exercise may come directly in conflict with what has been expressly provided for in statute dealing expressly with the subject Ratio |
In the light of the above discussion,we are unable to accept any of the contentions raised by the learned senior counsel for the appellant,on the other hand,we are in entire agreement with the conclusion arrived at by the trial Judge as affirmed by the High Court Ratio |
Consequently,the appeal fails and the same is dismissed Ratio |
Since the appellant is on bail,the bail bonds executed by him stand cancelled Ratio |
The trial Judge is directed to secure his presence for serving the remaining period of sentence RPC |
Appeal dismissed RPC |
Leave granted FAC |
These appeals have been preferred from the judgment and order of the High Court dated 25.11.2009 in Writ Petitions (Civil) No.46457/2009 FAC |
The appellants challenge the acquisition of their agricultural lands by the State of Uttar Pradesh for the construction of the district jail of Shahjahanpur FAC |
The appellants themselves are bhumidar with transferable rights and are residents of village Murchha,tehsil Puwayan in the district of Shahjahanpur,Uttar Pradesh FAC |
The State of Uttar Pradesh vide its office memorandum dated 25.10.2004 constituted a committee under the Chairmanship of the Hon'ble Minister of Revenue to suggest its recommendations for transfer of prisons situated in the congested areas of various districts FAC |
After conducting its second and final meeting on 10th FAC |
January,2005,the said committee recommended to the State Government the shifting of the district jails from congested areas to outside the city limits within the district FAC |
As per the schedule,this shifting was to be done in two phases: 1 st phase 1.District Jail,Shahjahanpur; 2.District Jail,Azamgarh; 3.District Jail,Jaunpur; and 4.District Jail,Moradabad FAC |
2 nd phase 1.District Jail,Badaun; 2.District Jail,Varanasi; 3.District Jail,Barielly; and 4.District Jail,Muzaffarnagar FAC |
The existing district jail of Shahjahanpur,constructed in 1870,was one of the oldest and required shifting to new premises FAC |
The Government case is that the district jail is located in a densely populated area of the city and is overcrowded,housing as many as 1869 prisoners,while having a capacity of only 511 FAC |
Thereafter,the State Government constituted a committee under the Chairmanship of Chief Secretary,Government of U.P.vide office memorandum dated 12.9.2007 to evaluate and consider the shifting of prisons identified to be shifted in the first phase FAC |
Prisons in the districts of Lucknow,Moradabad were added to the list FAC |
This committee was also to evaluate and recommend the means for modernisation of existing old prisons FAC |
In its meeting dated 10.10.2007 the committee recommended that a Detailed Project Report (DPR) be prepared by the Rajkiya Nirman Nigam,and that acquisition of lands for shifting of the prisons be done on a priority basis FAC |
These recommendations were accepted by the State Government vide the approval of the cabinet dated 7.12.2007.Following this decision,the Director General of Prisons (Administration and Reforms),Uttar Pradesh,vide letter dated 04.06.2008,requested the District Magistrate,Shahjahanpur to send all the relevant records to ... |
one admeasuring 25.89 hectares (63.93 acres) in village Morchha,tehsil Puwayan in the district of Shahjahanpur FAC |
Thereafter,the District Magistrate,Shahjahanpur forwarded the proposal to the Commissioner and Director,Directorate of Land Acquisition (Revenue Board,Uttar Pradesh),for the issuance of notifications u/ss.4(1) and 17 of the Act,which in turn approved of it and further forwarded the recommendation to the State Governmen... |
Thus,the State Government issued notifications u/ss.4(1) and 17 on 21.08.2008 FAC |
However,the provisions of Section 5A inquiry were dispensed with FAC |
The State Government explained that this was done in view of the pressing urgency in the matter of construction of the jails FAC |
Being aggrieved by the aforesaid notifications,the appellants moved a writ petition before the High Court u/art.226 of the Constitution of India FAC |
The High Court in its decision dated 25.11.2009 refused to interfere with the selection of the site for the construction of the jail premises on the ground that it was not required to do so unless it found the selection of the site was wholly arbitrary RLC |
The High Court also approved the invoking of emergency provisions u/s.17 of the Act as per the guidelines given in Essco Fabs Private Limited and another vs RLC |
State of Haryana and another RLC |
2 SCC 377 2008 Indlaw SC 2494.Having thus stated,the High Court dismissed the writ petition RLC |
Before this Court the appellants broadly raised the following arguments: 1.Whether or not the State Government was justified in acquiring the said pieces of fertile agricultural land,when there were alternative sites of unfertile banjar land available Ratio |
2.Whether or not the State Government was justified in dispensing with the inquiry which is mandated to be conducted under Section 5A of the Act,especially when one year elapsed between the notifications u/s.4 and the one u/s.6.They further stated that the High Court had erred insofar as it upheld the factum of urgency... |
It was urged that it was clear from the counter of the respondent that the contemplation of a new prison was under consideration of the State Government for several years ARG |
Committee was formed,matter was discussed at a leisurely pace at various levels and there is no material fact to justify the abridgement of the appellants' right of raising an objection to acquisition and of a hearing under Section 5A of the Act ARG |
This Court finds a lot of substance in the contentions of the appellants Ratio |
In connection with land acquisition proceeding whenever the provision of S.17 and its various sub-sections including S.17(4) is used in the name of taking urgent or emergent action and the right of hearing of the land holder under Section 5A is dispensed with,the Court is called upon to consider a few fundamentals in t... |
Admittedly,the Land Acquisition Act,a pre-Constitutional legislation of colonial vintage is a drastic law,being expropriatory in nature as it confers on the State a power which affects person's property right Ratio |
Even though right to property is no longer fundamental and was never a natural right,and is acquired on a concession by the State,it has to be accepted that without right to some property,other rights become illusory Ratio |
This Court is considering these questions,especially,in the context of some recent trends in land acquisition Ratio |
This Court is of the opinion that the concept of public purpose in land acquisition has to be viewed from an angle which is consistent with the concept of a welfare State Ratio |
The concept of public purpose cannot remain static for all time to come Ratio |
The concept,even though sought to be defined u/s.3(f) of the Act,is not capable of any precise definition Ratio |
The said definition,having suffered several amendments,has assumed the character of an inclusive one Ratio |
It must be accepted that in construing public purpose,a broad and overall view has to be taken and the focus must be on ensuring maximum benefit to the largest number of people Ratio |
Any attempt by the State to acquire land by promoting a public purpose to benefit a particular group of people or to serve any particular interest at the cost of the interest of a large section of people especially of the common people defeats the very concept of public purpose Ratio |
Even though the concept of public purpose was introduced by pre-constitutional legislation,its application must be consistent with the Constitutional ethos and especially the chapter under Fundamental Rights and also the Directive Principles Ratio |
In construing the concept of public purpose,the mandate of Art.13 of the Constitution that any pre-constitutional law cannot in any way take away or abridge rights conferred under Part-III must be kept in mind Ratio |
By judicial interpretation the contents of these Part III rights are constantly expanded Ratio |
The meaning of public purpose in acquisition of land must be judged on the touchstone of this expanded view of Part-III rights Ratio |
The open-ended nature of our Constitution needs a harmonious reconciliation between various competing principles and the overhanging shadows of socio-economic reality in this country Ratio |
Therefore,the concept of public purpose on this broad horizon must also be read into the provisions of emergency power u/s.17 with the consequential dispensation of right of hearing under Section 5A of the said Act Ratio |
The Courts must examine these questions very carefully when little Indians lose their small property in the name of mindless acquisition at the instance of the State Ratio |
If public purpose can be satisfied by not rendering common man homeless and by exploring other avenues of acquisition,the Courts,before sanctioning an acquisition,must in exercise of its power of judicial review,focus its attention on the concept of social and economic justice Ratio |
While examining these questions of public importance,the Courts,especially the Higher Courts,cannot afford to act as mere umpires Ratio |
In this context we reiterate the principle laid down by this Court in Authorised Officer,Thanjavur and another vs PRE |
S.Naganatha PRE |
Ayyar and others reported in (1979) 3 SCC 466 1979 Indlaw SC 224,wherein this Court held: "It is true that Judges are constitutional invigilators and statutory interpreters; but they are also responsive and responsible to Part IV of the Constitution being one of the trinity of the nation's appointed instrumentalities i... |
The judiciary,in its sphere,shares the revolutionary purpose of the Constitutional order,and when called upon to decode social legislation must be animated by a goal-oriented approach PRE |
This is part of the dynamics of statutory interpretation in the developing countries so that courts are not converted into rescue shelters for those who seek to defeat agrarian justice by cute transactions of many manifestations now so familiar in the country and illustrated by the several cases under appeal PRE |
This caveat has become necessary because the judiciary is not a mere umpire,as some assume,but an activist catalyst in the Constitutional scheme PRE |
In other words public purpose must be viewed through the prism of Constitutional values as stated above Ratio |
The aforesaid principles in our jurisprudence compel this Court to construe any expropriartory legislation like the Land Acquisition Act very strictly Ratio |
The judicial pronouncements on this aspect are numerous,only a few of them may be noted here Ratio |
In DLF Qutab Enclave Complex Educational Charitable Trust vs PRE |
State of Haryana and Ors.(2003) 5 SCC 622 2003 Indlaw SC 124,this Court construed the statute on Town Planning Law and held "Expropriatory statute,as is well known,must be strictly construed PRE |
The same principle has been reiterated subsequently by a three-Judge Bench of this Court in State of Maharashtra and Anr.vs PRE |
B.E.Billimoria and Ors.(2003) 7 SCC 336 2003 Indlaw SC 618 in the context of ceiling law PRE |
These principles again found support in the decision of this Court in Chairman,Indore Vikas Pradhikaran vs PRE |
Pure Industrial Coke and Chemicals PRE |
Ltd.and Ors.(2007 PRE |
8 SCC 705 2007 Indlaw SC 554,wherein this Court construed the status of a person's right to property after deletion of Art.19(1)(f) from Part III.By referring to various international covenants,namely,the Declaration of Human and Civil Rights,this Court held that even though right to property has ceased to be a fundame... |
While discussing the ambit and extent of property right,this Court reiterated that expropriatory legislation must be given strict construction PRE |
In the background of the aforesaid discussion,this Court proceeds to examine the scope of a person's right under Section 5A of the Act Ratio |
Initially,Section 5A was not there in the Land Acquisition Act,1894 but the same was inserted long ago by the Land Acquisition (Amendment) Act,1923 vide S.3 of Act 38 of 1923 Ratio |
The history behind insertion of Section 5A,in the Act of 1894 seems to be a decision of the Division Bench of Calcutta High Court in J.E.D.Ezra vs PRE |
The Secretary of State for India and ors reported in 7 C.W.N.249.In that case,the properties of Ezra were sought to be acquired under the pre amended provision of the Act for expansion of the offices of the Bank of Bengal PRE |
In challenging the said acquisition,it was argued that the person whose property is going to be taken away should be allowed a hearing on the principles of natural justice PRE |
However the judges found that there was no such provision in the Act PRE |
In order to remedy this shortcoming in the Act of 1894,an amendment by way of incorporation of Section 5A was introduced on 11th July,1923.The Statement of Objects and Reasons for the said Amendment is as follows: "The Land Acquisition Act I of 1894 does not provide that persons having an interest in land which it is p... |
The object of this Bill is to provide that a Local Government shall not declare,u/s.6 of the Act,that any land is needed for a public purpose unless time has been allowed after the notification u/s.4 for persons interested in the land to put in objections and for such objections to be considered by the Local Government... |
Gazette of India,Pt STA |
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