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Supreme Court Of India

(From : AIR 2006 Bom 213)*

Hon'ble Judge(s): Arun Mishra, Mohan M. Shantanagoudar , JJ

(A) Land Acquisition Act (1 of 1894) , S.3(a), S.49— Word 'land' - Use of word 'includes' - Definition of 'land' is inclusive and it includes benefits arising out of land, and things attached to earth or permanently fastened to anything attached to earth - Meaning of word 'land' under Act also includes acquisition of portion of building without acquisition of underlying land - Definition of land is of wide connotation, cannot be @page-SC4491construed in narrow sense to render provisions of Act impracticable.Words and Phrases - Words 'land' and 'includes' - Meaning.Interpretation of Statutes - Construction of definition. Object of Land Acquisition Act, 1894 was to amend then existing law for acquisition of law for public purpose and to determine adequate amount of compensation to be paid on account of such acquisition. By looking at definition as whole in scheme of entire Land Acquisition Act and by reference to what preceded enactment and reasons for it, Court finds that interpretation of word 'include' is opposite to word 'exclude'. Expression 'land' includes benefits arising out of land and things attached to earth or permanently fastened to anything attached to earth. Portion of building cannot survive independent of building and building without land. Word 'land' should be understood having been covered by elongated definition since it def....