OM PARKASH AND ANOTHER versus STATE OF U.P. AND ORS.

OM PARKASH AND ANOTHER versus STATE OF U.P. AND ORS.

The Supreme Court held that the impugned modifications (excluding the repealed proviso to s.23(2)) to the Land Acquisition Act by the U.P. Nagar Mahapalika Adhiniyam, 1959, enabling the government to discriminate in payment of compensation, violated the guarantee of equal protection under Article 14 of the Constitution. The Tribunal must ignore the (now repealed) proviso to s.23(2) for pending compensation proceedings. The claim that the scheme lapsed due to time-bar was rejected, holding that for old schemes the five-year period under s.365(4) commences from the date the Adhiniyam came into force and was complied with in this case.

Parties
Appellant: Om Parkash and another; Respondent: State of U.P.; Respondent: Nagar Mahapalika, Allahabad
Jurisdiction
India
Judgment Date
14 December 1973
Procedural Posture
Civil Appeal / Final Supreme Court Decision on Appeal by Certificate From High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Discrimination Under Article 14, Compulsory Acquisition, Amendments to Land Acquisition Act, Interpretation of Repealing Clauses, Urban Local Bodies
Constitutional Law Land Acquisition Discrimination Under Article 14 Compulsory Acquisition Amendments to Land Acquisition Act Interpretation of Repealing Clauses Urban Local Bodies

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Parties

Om Parkash and another

Appellant

State of U.P.

Respondent

Nagar Mahapalika, Allahabad

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Decision on Appeal by Certificate From High Court Judgment

Legal Issues

  1. 1 Whether modifications to the Land Acquisition Act, 1894 by the U.P. Nagar Mahapalika Adhiniyam, 1959 violate Article 14 of the Constitution
  2. 2 Whether the Mumfordganj Housing Scheme lapsed due to non-completion within the time-limit under the Adhiniyam

Ratio Decidendi

The Supreme Court held that the impugned modifications (excluding the repealed proviso to s.23(2)) to the Land Acquisition Act by the U.P. Nagar Mahapalika Adhiniyam, 1959, enabling the government to discriminate in payment of compensation, violated the guarantee of equal protection under Article 14 of the Constitution. The Tribunal must ignore the (now repealed) proviso to s.23(2) for pending compensation proceedings. The claim that the scheme lapsed due to time-bar was rejected, holding that for old schemes the five-year period under s.365(4) commences from the date the Adhiniyam came into force and was complied with in this case.

Court Disposition

Appeal partly allowed

Orders

  • The impugned modifications to the Land Acquisition Act, 1894 by the U.P. Nagar Mahapalika Adhiniyam, 1959 are quashed as unconstitutional.
  • The Tribunal shall dispose of the pending reference expeditiously, treating the deleted proviso to s.23(2) as if it never existed.