It is also not possible to accept the submission that the expression ''for the time being in force'' will have a nexus with the date of enactment of the Airports Authority of India Act. The expression ''for the time being in force'' merely implies that whenever the question of acquiring the land for the Airport Authority arises, the relevant corresponding laws of acquisition in force at that time can be resorted to. This is the clear thrust of section 19. Its scope and ambit cannot be circumscribed and frozen only to the point of time in the year 1994, when the Airports Authority of India Act was enacted. If such was the intention of the Parliament in framing Section 19, Section 19 would have employed a different phraseology, namely, ''laws at present in force'' instead of the phraseology ''laws for the time being in force". The phraseology ''laws for the time being in force" would necessarily mean laws in force from time to time and not laws in force only at a fixed point of time, i.e. the date on which the Airports Authority of India Act was enacted. The expression ''for the time being" denotes time indefinite and refers to indefinite state of facts which will arise in future and which may vary from time to time.1
Words and Phrases – “ Laws for the time being in force” - The phraseology “ laws for the time being in force” would necessarily mean laws in force from time-to-time and not laws in force only at a fixed point of time. The expression “for the time being” denotes time indefinite and refers to indefinite state of facts which will arise in future and which may vary from time-to-time.
Madras High Court
J.Parthiban vs State Of Tamil Nadu, Rep.By on 27 March, 2008
THE HONOURABLE MR.A.P.SHAH, THE CHIEF JUSTICE
AND
THE HONOURABLE MRS.JUSTICE PRABHA SRIDEVAN
W.P.Nos.36423, 30273, 33336, 34120, 36968,
37018, 37026, 37876, 37071, 37757, 37630, 37357
to 37359 of 2007,
Print Page
