[Live-Updates From Supreme Court] Hearing on Section 24 Of New Land Acquisition Act- Court-3

RTI reply in respect of Indore. Affidavit submitted.

One document: what injustice and what situation dealing with. Official letter dated 29.07.2008.

Indore development authority, amount deposited : scheme one, the amount is 2 crore. Collector has not deposited complete amount. Money not received so where is the question of vesting ?

J. Mishra - This is the position you want to say ?

Eminent domain is a necessary evil of State for development.

Page 365: why new law, 1894 century old, drafted to provide smooth acquisition. Acquisition does not clarify whether acquisition is for company or some other purpose.

J. Mishra - S24 interpretation is direct.

SD - Pg. 372: new direction Is mentioned. 375: historical justice.

Elements of clause: moratorium should be imposed: by when land should be returned.

SD - last part of compilation: extract legislating for justice book , page 356. Book by jJairam Ramesh and Mohd Ali Khan. 2015 year of publication.

J. Mishra - What do you want to emphasise ?

SD - Larger 2013 act and section 24. page 361, between 2004&2009: purpose of law should be to empower people.

J. Bhat - how to instruct HC ?

SD - Almost 2 years hold up there in hc. We do not upset the line of authority set by court.

J. Mishra - argue on merit.

SD - page 336 of compilation: 4 state enacted law: Gujarat, Maharashtra clause 349, Karnataka 354, telangana 340.

When settled line of interpretation is there, there is a request to uphold on upsetting certain set of interpretation.

J. Mishra - Does the Ordinance restrict our interpretation ?

SD - No.

J. Mishra - Then guide us.

SD - Principle is much higher, realm of legislation and realm of interpretation is there.

J. Mishra - We should not interfere in Legislation. Not our job to find what they are doing, what not doing.

J. Bhat - committee submission cannot be relied upon.

J. Mishra - we cannot legislate.

There was State amendment in states of Gujarat, Telangana, Maharashtra.

Ordinance 2015, Clause 6 (page 311 in compilation) - first: stayed on account of stay by any court this ordinance addressed.

Second: compensation deposited in court.

Now 24(1)(a) is confined to compensation.

31 December, 2014 ordinance, permitting deposit of compensation, accepting injunction.

In Second Amendment 2015, Bill referred to joint committee of Parliament.

A short format of compilation has been submitted by Sr. Adv. Shyam Divan.

S25(1)(a): compensation, rehabilitation and resettlement. Grace period of 5 years included. Then proviso comes. There is an Additional factor on non-payment of compensation apart from possession.Criteria of lapsing. Legislative history: in 3rd stage, there were 2 changes-

S24(1)(a) dropped rehabilitation and resettlement.