[SC LIVE UPDATES] Land Acquisition- Constitution Bench Hearing- [Court -3]

Senior Advocate Shyam Divan to continue his submissions

Bench has assembled.

J. Mishra - We have accepted most of the cases in that regime as well.

SD - These are individual cases. These are valid concerns. Let us look at it from the view of the person who has lost his property.

J. Mishra - Does the law intend frivolous litigation ? We have to give the meaning. There are cases where enhanced compensation is taken, but possession not taken.

SD - Physical possession implies to me that the State has not utilised that land.

J. Mishra - That is a different provision. Then go under that provision, not 24. Also, in certain cases, we might have to quash. Does this Act mean to give benefits to the farmers or to whom ? We are with you regarding farmers.

SD - There’s another approach actually-

J. Mishra - Resettlement and all needs to be given to the farmers. How can the law enrich the privileged ?

SD - If we proceed with the view that the 1894 Act was a very adequate legislation of our times, there were multiple unjustified types of litigation. But the legislature hs shifted its ground and concluded that this was unfair to the landowners and there was a need of a radical change.

J. Shah - Basically, farmers ?

SD - Definitely, farmers as well.

SD - When you have an oppressive law which has served its time, justice can only be brought in with the aid of transformative law. The old law is not desirable of continuance; there is a whole new scheme and a whole new law for the entire country. This is justice at a higher level. Yes, there might be an individual situation where someone gets an advantage or disadvantage, but the old Act was terrible. The question is - are we going to give effect to this legislative mandate with an application ?

J. Mishra - Payment has been received by some and there was a court injunction.

SD - This is just one view. Now, reading my compilation -

J. Mishra - In case Court decides this wrongly, due to that injunction is operating, how do we go about this ?

SD - Broadly: 1. I think this Act really says that whatever happened under 1894 regime was clearly unfair. That is why people were going to court. Which is a good thing as that’s how things are solved in our country.

J. Mishra - What about the poor farmer who is standing outside ? People will keep litigating. We need to see if it provides remedies to only few people.

SD continues - I would say that a co-equal Bench of this Court is bound by another co-equal Bench. But, if they differ, they can refer to a larger Bench. There is definitely an independent application of mind.

J. Mishra - Let us pause here. What is the pending proceeding ? Even if circular is taken into consideration, the proceedings weren’t pending. We are not bound by this. This was not answered by even the SG or the ASG. Does this apply to pending or concluded proceedings ?

But, you can answer this later.

J. Mishra - Let us pause here. What is the pending proceeding ? Even if circular is taken into consideration, the proceedings weren’t pending. We are not bound by this. This was not answered by even the SG or the ASG. Does this apply to pending or concluded proceedings ?

SD - Please see how this Bench considered PMC. A circular issued on 20/3/2014 by Min of UD regarding the clarification of the 2013 Act and on the basis of the opinion rendered.

J. Shah - Even In this decision, there is no factual clarity. What is the appropriate forum ? What about the injunction ?

J. Mishra - There was no application for 24 for this. You are blindly relying on this.

J. Saran - Possession not taken and compensation not paid : This is what the law says.