JAGE RAM AND ORS. versus STATE OF HARYANA AND ORS.

JAGE RAM AND ORS.

STATE OF HARYANA AND ORS.

March 2, 1971

[K. S. HEGDE AND P. JAGANMOHAN REDDY, JJ.]

Land Acquisition Act, 1894 ss. 17(2) (c), 38 to 44B-Public purpose-Decla"ration by Govern1r1ent not, open to challenge unless acquisition is for collateral purpO!ie or i.i; colourab/P. ext>rcise of power-Acquisition for Company-Stale contributing towards cost-Proceedings need not be taken under ss. 38 to 44B-Sect<on 17(2) (c) cannot be interpreted ejusdem Generis-Scope of s. 17(2) (c)-Maxims-Ejusdem Generis-Scope of Rule.

In March 1969, the respondent State issued notification under sec• tion 4 of the Land Acquisition Act, 1894, as amended by the Punjab Legislature, for acquisition of the appellants' land. The notification stated that the land was likely to be required to be taken by Government, at public expense, for public purpose, namely, the sett;ng up of factory for the starting of an industry and, further that action under section 17(2) (c) would be taken on the ground of urgency and provisions of s. 5A will not apply in regard to the said acquisition. The appellants filed writ petition in the High Court questioning the validity of the acquisition on the ground, inter alia, that there was no urgency in the matter, of requiring the land therefore recourse to s. 17 was not justified. The state government pleaded that since the Government of India had extended the time for completion of the project till April 30, 1969, it had become nece>&ary to take immediate steps to acquire the land. The High Court uismissed the petition. In the appeal to this Court it was contended that (i) the acquisition in question being one for the benefit of Company, proceedings should have been taken under ss. 38 to 44B of the Act, and that there was no public purpose involved in the case; (ii) there w"' no urgency and hence recourse could not be had to section 17 of the Act; and (iii) s. 17(2)(c) was inapplicable to the ·facts of the case, because, though s. 17 ( 2)( c) read by itself covered very large field, l!Jlplying the ejusdem generis Rule that provision had to be given narrower meaning because of the provisions of s. 17(2) (a) and (b). Dismissing the appeal,

HELD : (i) On the facts of the case the purpose for which land was acquired was public purpose. The question whether the starting of an industry is in public interest or not is essentially question that has to. be decided by the Government. So long as it is not established that the acquisition is sought to be made for some collateral purpose or that there is colourable exercise of poww the declaration of the government that it is made for public purpose is not open to challenge, [874 E-G]

.smr. Somavantl and Ors. v. State of Pun/ab, (1963] 2 S.C.R. 774 and Raia Anand Brahma Shah v. State of U.P., [1967) 1 S.C.R. 373, referred to.

In view of t~e: fact .that the State Government had contributed towsrds the cost of acqu1S11ton ti was not necessary to proceed wlth the acquisition under Part VII of the Act, [875 A]

(ii) On the facts of the case there was urgency. The conclusion of the Government in given case that there was urgency is entitled to. , weight, if not conclusive. 1

(iii) ,In_Jnterpreting cl. (c) of s. 17(2) the rule of ejusdem generis cannot be applied. If given provision is plain and unambiguous and the legislative intent is clear, there is no occasion to call into _aid that rule. Under els. (a), (b) and (c) of sub-s. (2) of s. 17 the decision to acquire land· has not to be made by the same authority but by different authorities. Further, the conditions under whlch the acquisition has to be made differ from clause to clause. Therefore, there is no basis to say that the general words in cl. (c) follow the particular and specific words in els. (b) and I c). [877 E; 879 H]

State o/ Bomba.v v. Ali Gulshan, [1952] S.C.R. 867, Lilavati Bal v. SMe of Bombay, [1957] S.C.R. 721, K. K. Kochuni v. State of Madras, A.I.R. i 960 S.C. 1050, referred to.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2034 of 1969.

Appeal from the judgment and order dated May 7, 1969 of '..lie Punjab and Haryana High Court in Civil Writ No. 850 of 1969.

K. L. Gosain, N. N. Goswamy, S. K. Mehta, K. L. Mehta and

K. R; Nagaraja, for the appellant.

Harbans Singh and R. N. Sachthey, for respondeints Nos, 1 and

S. V. Gupte and S. K. Gambhir, for respondent No. 18.

The Judgment of the Court was delivered by

Hegde, J. This appeal by certificate arises from the decision of Division Beµch of the Punjab and Haryana High Court in writ petition wherein the appellants challenged the validity of proceedings under ss. 4, 6, 9 and 17 (2) ( c) of the Land Acquisition Act, 1894 as amended by the Punjab Legislature. For convenience sake we shall refer to that amended Act as 'the Act'. The High Court dismissed the writ petition.

It appears that severnl ccntentions were sought to be advan-ced before the High Court but in this Court only three con-tentions have been pressed for onr consideration i.e. ( 1) the acquisition in question being one for company procewings should have been taken under ss. 3fs to 44(B) of the Act, the same..ilaving not been taken, the proceedings taken are void; , (2) fi)t)(e was no urgency and hence recourse should not have been had to s. 17 of the Act and (3) Section 17(2)(c) is in-applicable to fhe1 [facts of the case. ]

Now we may state the facts _relevant for the purpose of deci-ding the ques'tions · in dispute.

-.,,.,/

On 14/17 March, 1969, Government of Haryana issued notification under s. 4 of the Act notifying for acquisition the land concerned in this case. The notification further directed that action under s. 17(2)(c) of the Act shall be taken on the ground of urgency and the provisions of s. 5-A shall not app~y in regard to the said acq1.1isition. The preamable to the said notification says that "whereas it appears to the Governor of Haryana that land is likely to be required to be taken by Gov-ernment, at public expenses, for public purpose, namely for the setting up factory for the manufacture of Chine-ware and Pro-celain-ware including Wall Glazed Tiles etc. at village Kasser, Tehsil Jhajjar, District Rohtak, it is hereby notified that the land in the locality described in the specification below is likely to iJe required for the above purpose''. On March 18, 1969 the GovernmeD't isued notification under s. 6 of the Act acquiring the land for public purpose. On March 28, 1969 notices under s. 9 of the Act were served on the appellants. On April 8, 1969, the appellants filed the writ petition giving rise to this appeal.The allegations in the writ petition include the assertion that there was no urgency in the matter of acquiring the land in question and therefore there was no justification for having re-course to s. 17 and thus deprive the appellants of the benefit of s. 5-A of the Act. It was further alleged therein that the acqui-'E sition in, question was made for the benefit of company and hence proceedings should have been taken under ss. 38 to 44(B) of the Act and that there was no public purpose involved in the case. It was further pleaded that the land acquired was not waste and arable land and that s. 2 ( c) of the Act did not ~onfer power on the Government to dispense with the proceed-m~s under s. 5-A. In the counter-affidavit filed by the Deputy Director of Industries (Administration), Government of Haryana on be~alf of the ,St~te. of Haryana, the above all~gations were all demed. Therem it 1s stated that at the instance of the State of Haryana, Government of India had issued letter of intent to com~any for .setti~g up factory for the manufacture of Glazed T.tles etc. m villag~ Kasser. That project was to be st.ar~ed with . the collaboration of foreign company known as Pilkington. Tiles Ltd. The scheme for setting up the project had been finalised and approved by the concerned authorities. On November 26, 1968, the Government wrote to one of the pro· rooters of .. the project, Shri H. L. Somany asking him to com-plete. ~h.e arrangem:nts for the import of capital equipment and acqms1tion of land ID Haryana Srate for setting up of the pro-~sed factory"· It was further stated in that communication Go~emment was . pleased to extend the time for compleing the pro1ect upto April 30, 1969. Under those circumstances it

had become necessary for the State of Haryana to take imme-diate steps to acquire the required land. It was under those circumstances the Government was constrained to have recourse to s. 17 of the Act. The Government denied the allegation that the facts of this case did not come within the scope of s. 17 (2) ( c). It was also denied that the acquisition in question was not made for public purpose. We have earlier seen that in the notification issued under s. 4, it had been stated that the acquisition was made "at public expenses, for public purpose" namely for the setting up fac-tory for the manufacture of China-ware and Porcelain-ware incl u<ling Wall Glazed Tiles etc.In the writ petition it was not denied that the acquisition in question was made at "public expenses". All that was chal-lenged iii the writ petition was that the purpose for which the acquisiti6n was made not public purpose. There is no denying the fact that starting of new industry is in public interest. It is stated in the affidavit filed on behalf of the State Government that the new State of Haryana was lacking in industries and consequently it was become difficult to tackle the problem of unemployment. There is also no deny-ing the fact that the industrialisation of an area is in public interest. That apart, the question whether the starting of an indu.Stry is in public interest or not is essentially question that has to be decided by the Government. That is socio-economic question. This Court is not in position to go into that question. So long as it is not established that the acquisition is sought to be made for some collateral purpose, the declaration of the Govern· rnent it is made for public purpose is not open to challenge. Section 6 ( 3) says that the declaration of the Government that the acquisition made is for public purpose shall be conclusive evidence that the land is needed for public purpose. Unless it is shown that there was colourable exercise of power, it is not open to this Court to go behind that declaration 'and find out whether in particular case the purpose for which the land was needed was public purpose or not-see Smt. Somavanti and ors. v. The State of Pu11jab([1]) and Raja Anand Brahma Shah v. State of U.P.('). On the facts of this case there can be hardly any doubt that the purpose for which the land was acquired is public purpose.

In view of the pleadings referred to earlier it is not open to the appellant to contend that the State Government had not con: tributed any amount towards the cost of acquisition. We were informed at the bar that the State Government had contributed (l) [1963] 2 S.C.R. 774. (2) [1967] I S.C.R. 373.

sum-of-Rs. 109;- towards the cost of th_e, ~and which fact is

also mentioned in the ,award of Land Acqu1S1t1on Officer. That being so it was not necessary for the Government to _proceed wi!;h the acquisition under Part VII of the Act-see Somavantz s case(').

Now coming to the question of urgency, it is clear from the

facts set out earlier that there was urgency. The Government of India was pleased to extend time for the completion of the of project upto April 30, 1969. Therefore urgent steps had to be taken for pushing through the project. Th.e fact that the State -Government or the party concerned was lethargic at an earlier stage is not very relevant for deciding the question whethc:r on the date on which the notification was issued, there was .urgency or not the conclusion of the Government in given case that there was urgency entitled to weight, if not conclusive. This takes us to the question of applicability of s. 17 ( 2 )( ). lo the facts of the case. The appellant had denied in the affidavit that the entire land acquired is either waste or arable land. Thal contention o[ his has not been examined by the High Court. There-fore we have to proceed on the basis that the case does not come within the scope of s. 17 ( 1). The State has also not purported to act under s. 17 ( 1 ) . It has purported to act under s. 1 7 ( 2) ( c). Therefore we have to see whether the State could have proceeded on the facts of this case under s. 17 (2 )( c). Section 17 as amend-ed by the Punjab Act 2 of 1954, Punjab Act 17 of 1956 and Punjab Act 47 of 1956 to the extent necessary for our present purpose reads thus : .,

"17 (1) In cases of urgency whenever, the appro-

priate Government so directs, the Collector, tllough no such award has been made, may, on tile expiration of fifteen days from the publication of the notice men-tioned in section 9, sub-section (1) take possession of any waste or arable land needed for public purposes or for ~ompany. Such land shall thereupon. vest abso-lutely m the Government free from all encumbrances.

Explanation

"(2) In the following cases, that is to say:-

(a) Whenever owing to any sudden change in the cht· el of any navigable river or other unfore-s~ ·. emergen~y, it _becomes necessary for any R. waY Adminstration to acquire the inime-d1ate posset<;sfon of any land for the mainte-!lance of their tr:rtJic or for the purpose of mak-mg thereon nver-side or ghat, station or of

(1) [1963] 2 S.C.R. n4. ,

providing convenient connection with or access to any such station;

(b) Whenever in the opinion of the Collector it becomes necessary to acquire the immediate possession of any land for the purpose of any library or educational institution or for the construction, extension or improvement of any building; or other structure in any village for the common use of the inhabitants of such village, or any godown for any society register-ed under the. Co-operative Societies Act, 1912 (Act II of 1912), or any dwelling-house for the poor, or the construction of labour colo-nies or houses for any other class of people under Government-sponsored Housing Scheme or any irrigation tank, ir'rigation or drainage channel, or any well, or any public road; (c) Whenever land is required for public purpose which in the opinion of the appropr'iate Go-vernment is of urgent importance, the Collector may, immediately after the publication of the notice menti.oned in sub-section ( 1) and with the previous sanction of the appropriate Government enter upon :md take possession of suclil land, which shall thereupon vest abso-B lutely in the Government free from all encum-brances.

Provided that the Collector shall not take possession of any building or part of build-ing under this sub-section mthout giving to the p occupier thereof at least forty-eight hour's notice of his intention so to do . . .

( 3) In every case under either of the preceding sub-sections the Collector shall at the time of taking pos-session offer to the persons interested compensation for the standing; crop and three (if any) on such land and for any other damage sustained by them caused by sudden dispossession . . . .

( 4) In the case of any land to which in the opinion of the appropriate Government, the provisions of sub-section (1) or sub-section (2) are applicable, the ap-propriate Government may direct that the provisioR3 of section 5-A shall not apply .... "

Herein we are only concerned with the scope of s. 17(2)(c) as the vires of s. 17 ( 2) is not challenged. Section 17 ( 2 )( c) if read by itse1f is plain. It seems to permit the appropriate Government to direct that the provisions of Section 5-A shall not apply whenever land is required for public purpose which in the opinion of the appropriate Government is of urgent im· portance. The conditions precedent for the application of s. 17 (2)(c) are (1) . that the land must be required for public purpose and (2) the appropriate Government must be of the opinion that the purpose in question is of urgent importance. But it was· urged on behalf of the appellants that we should apply ejusdem generie rule in interpreting s. 17 (2 )( c). The conten-c tion on behalf of the appelants was that though s. 17(2) (c) read by itself covers very large field, that provision should be given narrower meaning because of the provisions in s. 17(2) (a) and (b). It was urged that as the general words contained ins. 17(2)(c) follow the specific words of the same nature, in s. 17(2)(a) and (b), those ge-ueral words must be understood as applying to cases similar to those mentioned in s. 17 (2 )(a) and (b).

The ejusdem generis rule is not rule of law but is merely

rule of construction to aid the courts to. find out the true intention of the legislature. 11£ given pti'Yvision is plain and unambiguous and the legislative intent is clear, there is no· occasion to call into aid that rule ejusdem generis rule is ex-plained in Halsbury's Laws of England (3rd Edn.) Vol. 36 p. 397 paragraph 599 thus : ·

"As rule, where in statute there are general words following particular and specific words, the general ~ords/must be confined to things of the same kind as those specified, although this as rule of construction, must be applied with cauti~ and subject to the primary rule that statutes are to be construed in accordance with the intention of Parlia-ment. For the ejusdem rule to apply, the specific words m?st constitute category, class or genus; if they do constitute such category, class or genus then only thing~ ~hich belongs to that category, clas; or genus fall Wifhtn the general words .... "

It is observed in Craies on Statute Law (6th &In.) p. 1 gt that:

. ''The ~jusdem generis rule is one to be applied with cautiol! .and not. pushed too far, as in the case of many dec1S1ons, which treat it as automatically appli-

cable, and not 1fs being, whai it is, mere presumption in the absence of other indications of the intention of the kgislature. The modem tendency of the law, it was said, is "to attenuate the application of the rule of ejusdem generis". To invoke the application of the ejusdem generis rule there must be distinc.t genus or category. The specific words must apply not to diffe-B rent objects of widely differing character but to something which can be called class or kind of ob.iects."

According to Sutherland Statutory Construction (3rd Edn.) Vol. II p. 395, for the application of the doctrine of ejusdem generis, the following conditions must exist.

(i) The statute contains an enumeration by speci-fic words;

(ii) The members of the enumeration constitute class;

(iii) The class is not ,exhausted by the enumeration;

(iv )A general term follows the enumeration and

(v) There is not clearly manifested an intent that the general term be given broader meaning than the doctrine requires.

The scope of the ejusdem generis rule has been considered by this Court in several decisions. In State of Bon,?,ay v. Ali Gulshan('); it was observed:

"Apart from the fact that the rule must be con-fined· within nauow limits, and general or comprehen-sive words should recive their ful! and natural mean-ing unless they are clearly restrictive in their intend-ment, it is requisite that there must be distinct genus, which must comprise more than one species; before the rule can be applied."

J.n Lilavati Bai v. The State of Bombay([2 ]) it was observed :

"The rule of ejusdem generis is intended to be ap-plied where general words have been used following . particular and specific words of the same nature on the established rule of construction that the legislature presumed to use the general words in restricted sense; that is to say, as belonging to the same genus as the particular and specific words. Such r~trided mean-

(I) [1955] 2 S.C.R. 867. (2) [1957] S.C.R. 721.

ing has to be given to words of general import only where the context of the whole scheme pf legislation requires it. But where the content and the o~ject and mischief of the enactment do not require such .restrict-ed meaning to be attached to words of general ifttport, it becomes the duty of the courts to give those wor.ds .· their plain and ordinary meaning." ·

the same view was reiterated by this Court in K. K. Kochilli v. State of Madras and Kerala([1]).

Bearing in mirlll the principles set out earlier, we shall now consider whether the general import of the words in s. 17 ( 2 )( c) should be cut down in view of s. 17(2)(a) and (b). Under cl. (a) of s. 17(2), the acquisition is to be made by the Rail-·way Administration when owing to any sudden change in the chann~l of any navigable river or other tinforeseeen emergency · it becomes necessary for the administration to acquire the im· · mediate poasession of any ·land for the maintenance of the trntlic 0 or for the purpose of making thereon river-side or ghat station or for providing convenient connection with or access to any such station. We would like to emphasize that under this pro-vision, the acquisition can only be made by the Railway Admi-nistratiop and that when it considers that innnec):i'ate possession c{ any land is necessary for the purposes nlent1oned therein. Undi!r cl. (b) of sub-s. (2) of s. 17. before an acquisition can be made, the Collector must form an opinion that it has become necessary to acquire the immediate possession of the land con-cerned for the purposes mentioned theNin. Under· cl. ( c) of s. 17(2), the acquisition can be made only when the appropriate Government forms the opinion that. because of urgent import-F ance, the concerned land has to be acquired for the purpo;;cs mentioned in that provision. Under cl. (a) the decision to JC· quire has to be made by the Railway Administration. Under cl. (b), the acquisitiol) can be made only on the formation of the required opinion by the Collector. Under cl. ( c) the ac4ui-sition can be made only when the tequisi)e opinion is fonw~d by the appropriate Government. Further under cl. (a) the acqui-sition has to be. made to meet· certain unforeseeo~n emergency as result of which the immediate possession of the land is rieces-. sary. Under cl. (b )' the Collector must form an opinion that it has become necessary to acquire the . immediate possession of land but undJr cl. ( c) the requir-~ment is that the appropriate Governm~nt/must form the opinion that the acquisiion is of urgent importance. Under els. (a), (b) and (c} of sub-s. (2) of s. 17, the decision to acquire land has not to be made by the

(I) A.LR. 1960 S.C. 1050.

[1971 ].3 S.C.R.

same authority but by different authorities. Further the condi-tions under which the acquisition has to be · made differ from clause to clause. Therefore there is no basis to say that the geireral words in cl. ( c) follow the particular and specific words in els. (b) and ( c). Nor can it be said that the specific words contained in els. (a) and (b) constitute category, class or genus. Hence we are unable to accept the contention that in interpreting cl. (c) of s. 17(2), we should apply the rule of ejusdem generis. ·

As none of the contentions taken by the appellants are ac-ceptable, thise appeal fails and is dismissed. But in the circum-stances of the case we make no order as to costs.

Appeal dismissed.