State of Gujarat & Anr. v. Patel Naranbhai Nathubai & Ors.

Case Details & Bench

Court: High Court
Hon'ble Judges: Ranganath Misra
G. L. Oza
Judgment Date: 1989-09-26
Court Decision / Holding: Appeals allowed; declaration under Section 6 sustained; High Court’s quashing reversed; no order as to costs.
Final Disposition: Appeals allowed; declaration under s.6 sustained; no costs.

Parties to the Case

Appellants / Petitioners

State of Gujarat & Anr.

Respondents

Patel Naranbhai Nathubai & Ors.

Legal Representation & Advocates

Counsels for Petitioners

• G. A. Shah
• M. N. Shroff

Counsels for Respondents

• V. V. Vaze
• Ms. Gitanjali
• P. H. Parekh (Ny.)
• Vimal Dave (Ny.)
• M. Mudgal (Ny.)

Case Synopsis & Summary

This Supreme Court judgment concerns the validity of a declaration under Section 6 of the Land Acquisition Act, 1894, following a preliminary notification under Section 4(1). Acknowledging the 1967 amendments and the subsequent Validation Act, the Court addresses whether a delay of about five and a half years between the preliminary notification (1963) and the Section 6 declaration (1969) invalidates the acquisition. The Gujarat High Court had quashed the declaration on the ground of reasonable delay and relied on Valji Mulji v. State (11 GLR 95). The appellants contended that the Land Acquisition (Amendment & Validation) Act, 1967, which came into force on 20 January 1967, settled the legal position and validated the process, thereby nullifying the delay objection. The respondents maintained the High Court’s reasoning should stand, arguing the delay remained excessive and the pre-1967 authorities governed the issue. The Supreme Court held that the Validation Act’s provision had resolved the position and that the High Court’s reliance on Valji Mulji could not be sustained. Citing Gujarat State Transport Corporation v. Valji Mulji Soneji (1979) 3 SCC 202 and State of Gujarat v. Punjabhai Nathubhai (1986) 2 SCC 478, the Court held those decisions to be controlling on the matter. Accordingly, the appeals were allowed and the declaration under Section 6 dated 18 January 1969 was sustained, with no costs awarded.

Provisions of Law Cited

Land Acquisition Act, 1894 – Sections 4(1) and 6Land Acquisition (Amendment & Validation) Act, 1967

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contended that the enactment of the Land Acquisition (Amendment & Validation) Act, 1967, which came into force on 20 January 1967, settled the legal position and validated the process. They argued that the five-and-a-half year delay between the preliminary notification (1963) and the Section 6 declaration (1969) should not defeat the declaration, especially in light of the Validation Act. They relied on subsequent Supreme Court authorities (Gujarat State Transport Corp. v. Valji Mulji Soneji and State of Gujarat v. Punjabhai Nathubhai) to show the position had become settled post-1967.

Contentions of Respondents

The respondents urged that the High Court rightly quashed the declaration on the basis of an unreasonable delay in issuing the Section 6 declaration and that prior case law (Valji Mulji) supported the delay being significant. They argued that the pre-1967 regime could not be retroactively nullified in a manner that would validate an otherwise defective process, and that reliance on 1967 amendments did not automatically vindicate all actions taken before their enactment.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Valji Mulji v. State	11 GLR 95	Mentioned Only	Cited by the Gujarat High Court but the Supreme Court did not rely on its ratio; later judgments clarified the position.
Gujarat State Transport Corporation v. Valji Mulji Soneji & Ors.	[1979] 3 SCC 202	Positive	Cited and followed by the Court as controlling on the issue of the Validation Act’s effect.
State of Gujarat & Anr. v. Punjabhai Nathubhai & Ors.	[1986] 2 SCC 478	Positive	Cited and followed by the Court; reinforces the settled position post-Validation Act.

Extracted Judgment Text

Exact text extracted from official judgment records.

#### '\ ### ' ·1 _:_ STATE OF GUJARAT & ANR. _v._ PATEL NARANBHAI NATHUBAI & OR~. SEPTEMBER 26, 1989 [RANGANATH MISRA AND G.L. OZA, JJ.] _Land Acquisition Act,_ _1894:_ _Sections 4 and 6-Land Acquisition_ _(Amendment and Validation) Act, 1967-Effecl of-Delay in_ _making_ _declaration-Validity of._ A preliminary notification uuder Section 4(1) of the Land Acquisition Act, 1894 was made on 26.7.1963. The declaration under Section 6 was duly notified on 16./ 18.1.1969. A Writ Petition was tiled in the High Court challenging the declaration. The High Court took notice of the Land Acquisition (Amendment & Validation) Act, 1967, but held that the delay of 5% years from the date of .the p.relimin_ary notification was unreasonable, and quashed the said declaration, relying on its own decision in _Valji Mulji_ v. _State,_ 11 GLR 95. These appeals, by special leave, are against the High Court's judgment. Allowing the appeals, HELD: _f._ The validation prov1s10n came into force on 20th January, 1967. The position is now concluded and the reliance placed by the High Court on its decision cannot be sustained. (248E] _Gujarat State Transport Corporation_ v. _Valji Mulji Soneji_ _&_ _Ors.,_ [1979).3 SCC 202 aµd _State of Gujarat_ _&_ _Anr._ v. _Punjabhai Mathubai_ _&_ _Ors.,_ [1986] 2 SCC 478, followed. _l._ The decision of the High Court is set aside and the declaration. under s. 6 of the Land Acquisition Act is sustained. (248F] CIVIL APP<OLLATE JURISDICTION: Civil Appeal Nos. 1506-1507 of 1974. From the Judgment and Order dated 4.8.1972 of the Gujarat High Court in Special Civil Appln. No. 121of1972 and 1187 of 1970. 247 A B ## c D E: F G .H l _),{'-_ -! A B 248 SUPREME COURT REPORTS [1989] Supp. 1 S.C.R. G.A. Shah and M.N. Shroff for the Appellants. V.V. Vaze, Ms. Gitanjali, P.H. Parekh (N.P.), Vimal Dave (N.P.) and M. Mudgal (N.P.) for the Respondents. The Judgment of the Court was delivered by **RANGANATH MISRA,** **J.** These appeals by special leave are directed against the judgment of the Gujarat High Court dated,, # c 4.8.1972 quashing the declaration unde s. 6 of the Land Acquisition Act, Act I of 1894, on the ground that the same made on 18th of January, 1969, was issued beyond reasonable time. The short facts are: The preliminary notification under s. 4( 1) of the Act was ma<le on 26.7.1963. On 16/18.1.1969, the declaration under s. 6 was duly notified. On 17.1.1972, a writ petition was filed in the High Court challenging the declaration. The High Court took **D** notice of the Land Acquisition (Amendment & Validation) Act of 1967 but relying upon a Division Bench judgment of the same High Court in _Valji Mulji_ v. _State,_ 11 GLR 95 held that the period of 5-1/2 years from the date of the preliminary notification was unreasonable delay for making of the declaration under s. 6 of the Act. The validation provision came into force on 20th January, 1967. If. Two judgments of this Court dealing with this aspect being _Gujarat_ _State Transport Corporation_ v. _Valji Mulji Soneji_ _&_ _Ors.,_ [1979] 3 SCC 202 and _State of Gujarat_ _&_ _Anr._ v. _Punjabai Nathubhai_ _&_ _Ors.,_ [1986] ## 2 sec 478 have now concluded the position with reference to the provisions of the Validation Act and on the ratio of these judgments the decision of the Gujarat High Court on which reliance was placed F by the High Court in disposing of these matters cannot be sustained. We accordingly allow the appeals, set aside the decision of the High Court and sustain the declaration under s. 6 of the Lnd Acquisition Act dated 18.1.1969. There shall be no order as to costs. G.N. Appeals allowed.