AIR 1997 SUPREME COURT 3297 ::1997 AIR SCW 3361 ::1997 (8) SCC 191 ::(1997) 4 Scale 746 ::(1997) 3 APLJ 49 ::(1997) 2 SCJ 539 ::1997 (6) Supreme 530 ::(1997) 6 JT 449 (SC)

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): K. Ramaswamy, S. Saghir Ahmad, G. B. Patnaik , JJJ

(A) Andhra Pradesh Scheduled Areas Land Transfer Regulation (1959) , S.3— Word "person" in S. 3(1) - Would include both natural persons as well as juristic person and constitutional Government - Transfer of land by juristic persons or allotment of land by State to non-tribals - Stand prohibited. Constitution of India , Preamble, Art.38, Art.39, Art.46, Sch.V Cl.5(2)(b)— Maxim - "Reddendo Singula Singulis."Interpretation of Statutes. Majority view :- (Per K. Ramaswamy, J.) There is no reason to consider the word 'person' S. 3 in a narrow sense. It must be construed in a broader perspectivity, unless the statute, either expressly or by necessary implication, exempts the State from the operation of the Act as against the State and would include "State Government."(Para 62) The maxim "reddendo singula singulis" will apply to the interpretation of the word "person" so that the general meaning of the word "person" in its generic sense with its width would not be cut down by the specific qualification of one species, i.e., natural "person" when it is capable to encompass in its ambit, natural persons, juristic persons and constitutional mechanism of governance in a democratic set up. The State, by Cabinet form of Government, is a persona ficta, a Corporate sole. Constitution empowers the State to acquire, hold and dispo....