Arul Nadar Vs. Authorised Officer , Land Reforms
EmailAppeal: Civil Appeal No. 9 of 1991
(From the Judgment and Order dated 31.3.89 of the Madras High Court in C.R.P. No. 3688 of 1982 )
(From the Judgment and Order dated 31.3.89 of the Madras High Court in C.R.P. No. 3688 of 1982 )
Petitioner: Arul Nadar
Respondent: Authorised Officer , Land Reforms
Apeal: Civil Appeal No. 9 of 1991
(From the Judgment and Order dated 31.3.89 of the Madras High Court in C.R.P. No. 3688 of 1982 )
(From the Judgment and Order dated 31.3.89 of the Madras High Court in C.R.P. No. 3688 of 1982 )
Judges: M.M. PUNCHHI, CJI, G.B. PATTANAIK & A.P. MISRA , JJ.
Date of Judgment: Sep 22, 1998
Appearances:
Mr. R. Sundaravardhan , Senior Advocate and Mr. K.K. Mani , Ad-vocate with him for the appellant.
Mr. M.A. Krishnamurthy , (Mr. A. Mariarputham) Advocate for Mr. Arputham , Mr. Arnua & Co. , Advocates for the Respondent.
Head Note:
LAND REFORMS
T.N. Land Reforms (Fixation of Ceiling on Lands) Act, 1961
Section 21-A ( As inserted by T.N. Land Reforms (Reduction of Ceiling on Lands ) Act , 1970 ) – Applicability – Earlier proceedings – Some part of land declared surplus – Matter remand-ed by revisional authority – During pendency of proceedings amendment brought – Effects . Held that provisions of Section 21-A would apply to pending proceedings , even if they were under the principal Act . Case law discussed .
Held:
Section 21-A , does apply to a proceeding which was pending on the date the aforesaid provision was inserted in the present Act even though the proceeding might have been initiated under the Parent Act itself and the High Court committed error in holding that Section 21-A will have no application as the ceiling proceeding had been initiated under the Parent Act. ( Para 4 )
There would be no justification to give any restrictive meaning to the said provision of Section 21-A where the legisla-ture indicated that the aforesaid provision is notwithstanding anything contained in Section 22 or in any other provision of the Act or in any other law for the time being in force . In this view of the matter it would not be appropriate to give any restrictive meaning to Section 21-A of the Act as contended by the learned counsel for the respondent . ( Para 5 )
The provisions of Section 21-A would apply to the facts of the case for computation of ceiling provided . ( Para 6 )
Held –
Cases Reffered:
1. A.G. Vardarajulu & Anr. v. State of Tamil Nadu & Ors. JT 1998 (2) SC 597 ( Para 1 )Referred in JT 1998 (6) SC 499
2. V. Gopal Reddiar (dead) by Lrs. & Anr. v. State of Tamil Nadu & Ors. JT 1995 (3) SC 74 ( Paras 1 , 3 ) Referred in JT 1998 (6) SC 499
3. Susila Devi Ammal & Ors. v. State of Madras 1993 Supp. (1) SCC 462 ( Para 3 ) Referred in JT 1998 (6) SC 499
4. M.K. Harihara Iyer v. Authorised Officer , Land Reforms Tirune-veli JT 1990 (1) SC 222 ( Para 4 ) Referred in JT 1998 (6) SC 499
5. State of Uttar Pradesh v. Vijay Anand Maharaj 1963 (1) SCR p. 1 ( Para 5 ) Referred in JT 1998 (6) SC 499
2. V. Gopal Reddiar (dead) by Lrs. & Anr. v. State of Tamil Nadu & Ors. JT 1995 (3) SC 74 ( Paras 1 , 3 ) Referred in JT 1998 (6) SC 499
3. Susila Devi Ammal & Ors. v. State of Madras 1993 Supp. (1) SCC 462 ( Para 3 ) Referred in JT 1998 (6) SC 499
4. M.K. Harihara Iyer v. Authorised Officer , Land Reforms Tirune-veli JT 1990 (1) SC 222 ( Para 4 ) Referred in JT 1998 (6) SC 499
5. State of Uttar Pradesh v. Vijay Anand Maharaj 1963 (1) SCR p. 1 ( Para 5 ) Referred in JT 1998 (6) SC 499
JUDGEMENT:
G.B. PATTANAIK , J. :
1 . The question that arises for consideration in this appeal is whether the provisions of Section 21-A of the Tamil Nadu Land Reforms ( Fixation of Ceiling on Land ) Act , 1961 , would apply to the facts and circumstances of the case and the appellant can derive benefit of the same , and if so , to what extent? When the matter was listed before a Bench of two judges of this Court Their Lordships felt that there is a conflict between two deci-sions of this Court both rendered by two Hon’ble Judges , one in the case of V . Gopal Reddiar ( dead ) by Lrs. & Anr. v. State of Tamil Nadu & Ors. JT 1995 (3) SC 74 , to which one of us was a party , namely ( Hon’ble Punchhi , J. , as he then was ) , and the other in the case of A.G. Vardarajulu & Anr. v. State of Tamil Nadu & Ors. JT 1998 (2) SC 597 , and that is how the matter has come before a three judge Bench .
2 . The appellant was the owner of 43.55 standard acres of agricultural land . He also purchased some land on 20.10.1961 . The Tamil Nadu Land Reforms ( Fixation of Ceiling Land ) Act , 1961 , ( hereinafter referred to as ” The Act ” ) came into force on 5.4.1960 . A proceeding under the Act was initiated by the authorised officer who came to the conclusion that the appellant was in possession of 7.01 standard acres as surplus land , over and above the permitted ceiling area of 30 standard acres . The appellant challenged the said order of the authorised officer by filing a Revision before Land Commissioner who ultimately remanded the matter to the authorised officer for re-disposal . After the matter came back on remand the authorised officer prepared a revised draft statement indicating therein that the total surplus land in possession of the appellant comes to 19.28 standard acres . It may be stated that subsequent acquisition made by the appellant was taken into consideration for computing the surplus land . The appellant – land owner filed objection to the said draft statement contending inter alia that two settlement deeds have been executed in favour of two minor sons on 28.4.1970 and on 2.5.1970 and those transfers are valid under Section 21-A of the Act , and as such they should be excluded from the computa-tion of the ceiling surplus in the hands of the appellant and on such exclusion the appellant cannot be said to have any excess land in his possession . The authorised officer , however , rejected the said objection and the matter being carried in an appeal , the appeal was also dismissed . The appellant then preferred a Revi-sion to the High Court and the High Court by the impugned judg-ment in C.W.P. No. 3688 of 1982 having negatived the contention of the appellant and having dismissed the Revision , the present appeal has been preferred . The High Court considered the provi-sions of Section 21-A which came into the Statute by Tamil Nadu Act XVII of 1970 with effect from 15th February , 1970 , as well as Section 3(1) and 3(2) of the said – Tamil Nadu Act XVII of 1970 and came to the conclusion that the proceedings in the present case having been initiated under the Principal Act the same has to be continued and concluded thereunder and , as such Section 21-A which was brought into the Statute by Tamil Nadu Land Reforms ( Reduction of Ceiling on Land ) , Act 1970 ( Act XVII of 1970 ) will have no application .
3 . The learned counsel appearing for the appellant contended that in view of non-obstante clause in Section 21-A and the legislatures having allowed a land owner to transfer a part of his own between 15.2.1970 and 2.10.1970 the High Court committed serious error in coming to the conclusion that Section 21-A has no application to the present case . According to the learned counsel Section 21-A has an overriding effect on all provisions of the Land Reforms Act or even any other law in force and , therefore , the said provision must have its full play and cannot be restricted in any manner so as to exclude its operation to a proceeding which had been initiated prior to coming into force of the said Tamil Nadu Act XVII of 1970 . In support of his contention reliance was placed on the decision of this Court in the case of Susila Devi Ammal & Ors. v. State of Madras 1993 Supp. (1) SCC 462 , and V. Gopal Reddiar & anr. v. State of Tamil Nadu & Anr. JT 1995 (3) SC 74 . The learned counsel appearing for the ~4~ State on the other hand contended , that the aforesaid interpretation would frustrate the very object of the Tamil Nadu Act XVII of 1970 , namely , to reduce the ceiling area from 30 standard acres to 15 standard acres and , therefore , the High Court rightly held that Section 21-A will have no applica-tion .
4 . Before examining the correctness of the rival submissions it would be appropriate for us to notice the decision of this Court in Varadarajulu’s case ( supra ) as a Bench of this Court apparent-ly thought that there is a conflict between the said decision and the decision in V. Gopal Reddiar’s case ( supra ) . In Vardarajulu ( supra ) the question for consideration was whether Section 21-A overrides Section 3( 42 )? Section 3( 42 ) defines Stridhana Land to mean any land held on the date of commencement of the Land Re-forms Act by any female member of a family in her own name . The expression ‘held’ would have its meaning from Section 3( 19 ) which defines ‘to hold land’ . Section 21-A has absolutely no connection with Section 3( 42 ) in as much as under Section 21-A the legisla-ture recognises certain transfers made between 15-2-1970 and 2-10-1970 to be valid . But if the transferor had no right to transfer question of legislature validating such transfer would not arise . In Varadarajulu’s case ( supra ) the said question really arose for consideration and this Court held that since the transferer was not holding the land as ‘Stridhana land’ the provisions of Section 21-A will have no application . In V. Gopal Reddiar’s case ( supra ) the question for consideration was whether a proceeding under the Parent Act of 58 of 1961 having been ini-tiated but had not been concluded and Tamil Nadu Land Reforms ( Reduction of Ceiling on Land ) Act 1970 having come into force whether Section 21-A brought into the statute by virtue of Act XVII of 1970 would apply and this Court answered in affirmative . We , therefore , do not find any inconsistency between the decision of this Court in Vardarajulu and Gopal Reddiar the two operating in different fields . In M.K. Harihara Iyer v. Authorised Officer , Land Reforms Tiruneveli JT 1990 ( 1) SC 222 a Three Judge Bench of this Court considered the question of applicability of Section 21-A vis-a-vis Section 22 thereof and came to hold that Section 21-A which begins with the words ‘Notwithstanding anything con-tained in Section 22 clearly overrides Section 22 and , therefore , the transactions referred to in Section 21-A cannot be the sub-ject matter of enquiry under Section 22 . The interpretation of Section 21-A came up again in the case of Susila Devi ( supra ) . In the said case certain partitions in the family had taken place within the interregnum . But the High Court place within the interregnum . But the High Court had come to the conclusion that the Authorised Officer shall calculate the ceiling area under Section 23 as if no transfer had taken place . This Court reversed the judgment of the High Court and came to hold that while reduc-ing the ceiling area of a person from 30 standard acres to 15 standard acres under Tamil Nadu Act XVII of 1970 the legislatures have granted the transfer holiday for a small period between 15.2.70 to 2.10.70 as contained in Section 21-A and the said provision would apply notwithstanding anything contained in Section 22 or any other provisions of the Act or any other law for the time being in force , and , therefore , while computing the ceiling , the transfers if falls within any other clause of Sec-tion 21-A have to be given effect to . This Decision was also relied on in Gopal Reddiar’s case ( supra ) and it was held that for the purpose of determining the final holding under the modi-fied Principal Act the amended Section 23 will have to be applied to the ceiling holding determined under the original Principal Act and for that purpose the sale transactions between the two dates , namely , 15.2.70 and 1.10.70 will have to be ignored . It was also held that while pendency of the ceiling proceedings under the Principal Act , Act XVII of 70 having come into force and inserting Section 21-A into the Parent Act , if any land has been voluntarily transferred to an educational institution bet-ween the two dates then said land has to be excluded under Sec-tion 21-A . In other words Section 21-A was made applicable to a proceeding which had been initiated under the Parent Act and was pending when said Section 21-A was brought on to the Statute book . In view of the aforesaid two decisions and on examining the provisions of Tamil Nadu Act XVII of 1970 more particularly Section 21-A , we have no hesitation to come to the conclusion that the said provision does apply to a proceeding which was pending on the date the aforesaid provision was inserted in the present Act even though the proceeding might have been initiated under the Parent Act itself and the High Court committed error in holding that Section 21-A will have no application as the ceiling proceeding had been initiated under the Parent Act .
5 . We may notice at this stage the contentions advanced by the learned counsel appearing for the respondent that the object of the Act being to further reduce the ceiling area , Section 21-A , if is made applicable to the pending proceeding then said object would be frustrated . We are afraid that this contention cannot be sustained in as much as when the language of a statute is unam-biguous , in interpreting the provisions thereof it is not neces-sary to look into legislative intent or the object of the Act . As has been stated by this Court in the case of State of Uttar Pradesh v. Vijay Anand Maharaj 1963 (1) SCR p . 1 , ” When a lan-guage is plain and unambiguous and admits of only one meaning no question of construction of a statute arises , for the Act speaks for itself . ”
In the Sussex Peerage case ( 1844 ) 11 CI&F 85 , p. 143 Tindal C.J. stated thus ” If the words of the statute are in themselves pre-cise and unambiguous then no more can be necessary than to ex-pound those words in their natural and ordinary sense and the words themselves do alone in such cases best declare the intent of the lawgiver . ” That apart , while the legislature intended to reduce the ceiling area from 30 standard acres to 15 standard acres they themselves provided for a transfer holiday by insert-ing Section 21-A as has been held by this Court in Susila Devi’s case ( supra ) and there would be no justification to give any restrictive meaning to the said provision of Section 21-A where the legislature indicated that the aforesaid provision is not-withstanding anything contained in Section 22 or in any other provision of the Act or in any other law for the time being in force . In this view of the matter it would not be appropriate for us to give any restrictive meaning to Section 21-A of the Act as contended by the learned counsel for the respondent .
6 . In the aforesaid premises the impugned judgment of the High Court as well as the authorities under the Act are set aside and we hold that the provisions of Section 21-A would apply to the facts of the case for computation of ceiling provided , however , all the necessary ingredients of the said provision are attract-ed . This appeal is accordingly allowed and the matter is remanded back to the authorised officer for re-computation of the ceiling in the light of the law laid down by us in this judgment .
1 . The question that arises for consideration in this appeal is whether the provisions of Section 21-A of the Tamil Nadu Land Reforms ( Fixation of Ceiling on Land ) Act , 1961 , would apply to the facts and circumstances of the case and the appellant can derive benefit of the same , and if so , to what extent? When the matter was listed before a Bench of two judges of this Court Their Lordships felt that there is a conflict between two deci-sions of this Court both rendered by two Hon’ble Judges , one in the case of V . Gopal Reddiar ( dead ) by Lrs. & Anr. v. State of Tamil Nadu & Ors. JT 1995 (3) SC 74 , to which one of us was a party , namely ( Hon’ble Punchhi , J. , as he then was ) , and the other in the case of A.G. Vardarajulu & Anr. v. State of Tamil Nadu & Ors. JT 1998 (2) SC 597 , and that is how the matter has come before a three judge Bench .
2 . The appellant was the owner of 43.55 standard acres of agricultural land . He also purchased some land on 20.10.1961 . The Tamil Nadu Land Reforms ( Fixation of Ceiling Land ) Act , 1961 , ( hereinafter referred to as ” The Act ” ) came into force on 5.4.1960 . A proceeding under the Act was initiated by the authorised officer who came to the conclusion that the appellant was in possession of 7.01 standard acres as surplus land , over and above the permitted ceiling area of 30 standard acres . The appellant challenged the said order of the authorised officer by filing a Revision before Land Commissioner who ultimately remanded the matter to the authorised officer for re-disposal . After the matter came back on remand the authorised officer prepared a revised draft statement indicating therein that the total surplus land in possession of the appellant comes to 19.28 standard acres . It may be stated that subsequent acquisition made by the appellant was taken into consideration for computing the surplus land . The appellant – land owner filed objection to the said draft statement contending inter alia that two settlement deeds have been executed in favour of two minor sons on 28.4.1970 and on 2.5.1970 and those transfers are valid under Section 21-A of the Act , and as such they should be excluded from the computa-tion of the ceiling surplus in the hands of the appellant and on such exclusion the appellant cannot be said to have any excess land in his possession . The authorised officer , however , rejected the said objection and the matter being carried in an appeal , the appeal was also dismissed . The appellant then preferred a Revi-sion to the High Court and the High Court by the impugned judg-ment in C.W.P. No. 3688 of 1982 having negatived the contention of the appellant and having dismissed the Revision , the present appeal has been preferred . The High Court considered the provi-sions of Section 21-A which came into the Statute by Tamil Nadu Act XVII of 1970 with effect from 15th February , 1970 , as well as Section 3(1) and 3(2) of the said – Tamil Nadu Act XVII of 1970 and came to the conclusion that the proceedings in the present case having been initiated under the Principal Act the same has to be continued and concluded thereunder and , as such Section 21-A which was brought into the Statute by Tamil Nadu Land Reforms ( Reduction of Ceiling on Land ) , Act 1970 ( Act XVII of 1970 ) will have no application .
3 . The learned counsel appearing for the appellant contended that in view of non-obstante clause in Section 21-A and the legislatures having allowed a land owner to transfer a part of his own between 15.2.1970 and 2.10.1970 the High Court committed serious error in coming to the conclusion that Section 21-A has no application to the present case . According to the learned counsel Section 21-A has an overriding effect on all provisions of the Land Reforms Act or even any other law in force and , therefore , the said provision must have its full play and cannot be restricted in any manner so as to exclude its operation to a proceeding which had been initiated prior to coming into force of the said Tamil Nadu Act XVII of 1970 . In support of his contention reliance was placed on the decision of this Court in the case of Susila Devi Ammal & Ors. v. State of Madras 1993 Supp. (1) SCC 462 , and V. Gopal Reddiar & anr. v. State of Tamil Nadu & Anr. JT 1995 (3) SC 74 . The learned counsel appearing for the ~4~ State on the other hand contended , that the aforesaid interpretation would frustrate the very object of the Tamil Nadu Act XVII of 1970 , namely , to reduce the ceiling area from 30 standard acres to 15 standard acres and , therefore , the High Court rightly held that Section 21-A will have no applica-tion .
4 . Before examining the correctness of the rival submissions it would be appropriate for us to notice the decision of this Court in Varadarajulu’s case ( supra ) as a Bench of this Court apparent-ly thought that there is a conflict between the said decision and the decision in V. Gopal Reddiar’s case ( supra ) . In Vardarajulu ( supra ) the question for consideration was whether Section 21-A overrides Section 3( 42 )? Section 3( 42 ) defines Stridhana Land to mean any land held on the date of commencement of the Land Re-forms Act by any female member of a family in her own name . The expression ‘held’ would have its meaning from Section 3( 19 ) which defines ‘to hold land’ . Section 21-A has absolutely no connection with Section 3( 42 ) in as much as under Section 21-A the legisla-ture recognises certain transfers made between 15-2-1970 and 2-10-1970 to be valid . But if the transferor had no right to transfer question of legislature validating such transfer would not arise . In Varadarajulu’s case ( supra ) the said question really arose for consideration and this Court held that since the transferer was not holding the land as ‘Stridhana land’ the provisions of Section 21-A will have no application . In V. Gopal Reddiar’s case ( supra ) the question for consideration was whether a proceeding under the Parent Act of 58 of 1961 having been ini-tiated but had not been concluded and Tamil Nadu Land Reforms ( Reduction of Ceiling on Land ) Act 1970 having come into force whether Section 21-A brought into the statute by virtue of Act XVII of 1970 would apply and this Court answered in affirmative . We , therefore , do not find any inconsistency between the decision of this Court in Vardarajulu and Gopal Reddiar the two operating in different fields . In M.K. Harihara Iyer v. Authorised Officer , Land Reforms Tiruneveli JT 1990 ( 1) SC 222 a Three Judge Bench of this Court considered the question of applicability of Section 21-A vis-a-vis Section 22 thereof and came to hold that Section 21-A which begins with the words ‘Notwithstanding anything con-tained in Section 22 clearly overrides Section 22 and , therefore , the transactions referred to in Section 21-A cannot be the sub-ject matter of enquiry under Section 22 . The interpretation of Section 21-A came up again in the case of Susila Devi ( supra ) . In the said case certain partitions in the family had taken place within the interregnum . But the High Court place within the interregnum . But the High Court had come to the conclusion that the Authorised Officer shall calculate the ceiling area under Section 23 as if no transfer had taken place . This Court reversed the judgment of the High Court and came to hold that while reduc-ing the ceiling area of a person from 30 standard acres to 15 standard acres under Tamil Nadu Act XVII of 1970 the legislatures have granted the transfer holiday for a small period between 15.2.70 to 2.10.70 as contained in Section 21-A and the said provision would apply notwithstanding anything contained in Section 22 or any other provisions of the Act or any other law for the time being in force , and , therefore , while computing the ceiling , the transfers if falls within any other clause of Sec-tion 21-A have to be given effect to . This Decision was also relied on in Gopal Reddiar’s case ( supra ) and it was held that for the purpose of determining the final holding under the modi-fied Principal Act the amended Section 23 will have to be applied to the ceiling holding determined under the original Principal Act and for that purpose the sale transactions between the two dates , namely , 15.2.70 and 1.10.70 will have to be ignored . It was also held that while pendency of the ceiling proceedings under the Principal Act , Act XVII of 70 having come into force and inserting Section 21-A into the Parent Act , if any land has been voluntarily transferred to an educational institution bet-ween the two dates then said land has to be excluded under Sec-tion 21-A . In other words Section 21-A was made applicable to a proceeding which had been initiated under the Parent Act and was pending when said Section 21-A was brought on to the Statute book . In view of the aforesaid two decisions and on examining the provisions of Tamil Nadu Act XVII of 1970 more particularly Section 21-A , we have no hesitation to come to the conclusion that the said provision does apply to a proceeding which was pending on the date the aforesaid provision was inserted in the present Act even though the proceeding might have been initiated under the Parent Act itself and the High Court committed error in holding that Section 21-A will have no application as the ceiling proceeding had been initiated under the Parent Act .
5 . We may notice at this stage the contentions advanced by the learned counsel appearing for the respondent that the object of the Act being to further reduce the ceiling area , Section 21-A , if is made applicable to the pending proceeding then said object would be frustrated . We are afraid that this contention cannot be sustained in as much as when the language of a statute is unam-biguous , in interpreting the provisions thereof it is not neces-sary to look into legislative intent or the object of the Act . As has been stated by this Court in the case of State of Uttar Pradesh v. Vijay Anand Maharaj 1963 (1) SCR p . 1 , ” When a lan-guage is plain and unambiguous and admits of only one meaning no question of construction of a statute arises , for the Act speaks for itself . ”
In the Sussex Peerage case ( 1844 ) 11 CI&F 85 , p. 143 Tindal C.J. stated thus ” If the words of the statute are in themselves pre-cise and unambiguous then no more can be necessary than to ex-pound those words in their natural and ordinary sense and the words themselves do alone in such cases best declare the intent of the lawgiver . ” That apart , while the legislature intended to reduce the ceiling area from 30 standard acres to 15 standard acres they themselves provided for a transfer holiday by insert-ing Section 21-A as has been held by this Court in Susila Devi’s case ( supra ) and there would be no justification to give any restrictive meaning to the said provision of Section 21-A where the legislature indicated that the aforesaid provision is not-withstanding anything contained in Section 22 or in any other provision of the Act or in any other law for the time being in force . In this view of the matter it would not be appropriate for us to give any restrictive meaning to Section 21-A of the Act as contended by the learned counsel for the respondent .
6 . In the aforesaid premises the impugned judgment of the High Court as well as the authorities under the Act are set aside and we hold that the provisions of Section 21-A would apply to the facts of the case for computation of ceiling provided , however , all the necessary ingredients of the said provision are attract-ed . This appeal is accordingly allowed and the matter is remanded back to the authorised officer for re-computation of the ceiling in the light of the law laid down by us in this judgment .
