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Issues: Whether the amended benefits under Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894 apply to acquisitions made under Section 126(3) of the Maharashtra Regional Town Planning Act, 1966.
Analysis: Section 126(3) directs that, after the deemed declaration under Section 6 of the Land Acquisition Act, the land acquisition machinery under that Act applies, subject only to a limited modification concerning the date for determining market value. The Chapter dealing with acquisition under the Maharashtra Regional Town Planning Act does not indicate any intention to freeze the Land Acquisition Act as it stood on the date of enactment of the State Act. The scheme contains only minimal modifications and does not create a substantive exclusion of later amendments relating to compensation. A contrary construction would result in unequal compensation for similarly situated landowners and would expose the provision to the vice of hostile discrimination under Article 14.
Conclusion: The amended compensation provisions of the Land Acquisition Act, 1894, including Sections 23(1-A), 23(2) and 28, apply to acquisitions under Section 126(3) of the Maharashtra Regional Town Planning Act, 1966, and the challenge by the appellant fails.
Ratio Decidendi: Where a later statute adopts the acquisition procedure of an earlier statute by reference and does not evince an intention to exclude future amendments on compensation, the amended compensation provisions of the earlier statute apply to acquisitions under the later statute to avoid discriminatory treatment.