53. Constitution (Fourth amendment) Bill, 1954 - Page 975

956 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

it say? To put it in plain language, quite different from the language that is used in the clause, as embodied in the amending Bill, it seems to say this. If Government buys up ownership of any property, it will amount to acquisition and Government will pay full compensation in accordance with article 31. If Government buys up ownership, that is the important point. If Government buys up ownership, then that is tantamount to acquisition and Government will be bound to pay compensation. Secondly, it means that if Government takes possession of the property, then the taking possession will also amount to acquisition and the Government will be bound to pay compensation in accordance with the terms of article 31.

That is what the clause in the Bill says : What is it that will not amount to acquisition ? What is it that is left which Government can do and wants to do and yet

12-00 Noon escape compensation ? If it acquires ownership, it is said, it will pay compensation; if it takes possession, it says, it will pay compensation because that would be tantamount to acquisition.

Shri Tajamul Husain: What about the Sholapur Case? It was only temporary possession for improving matters.

Dr. B. R. Ambedkar: I have got the case here; I shall come to it.

It seems that the only case which will be out of these two, acquisition of ownership and acquisition of possession, is the cancellation of a licence, because, when you cancel a licence you do not acquire ownership and you do not take possession and, therefore, by reason of the cancellation of the licence you do not become liable for paying compensation. That is what this clause means. I wish it had been stated in positive terms that in the following cases, Government shall not pay compensation but having been put the other way, the real meaning of this clause is very much concealed from the sight of the reader. If my interpretation is right, then, what the clause intends to do is to exempt Government from the liability for paying compensation whenever it cancels a licence. Is that a justifiable ground for not paying compensation ? I believe