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

Radhika Roy

26 Nov 2019 11:21 AM IST

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

    A Five Judge Constitution bench headed by Justice Arun Mishra begins hearing on the interpretation of Section 24 of new land Acquisition...

    A Five Judge Constitution bench headed by Justice Arun Mishra begins hearing on the interpretation of Section 24 of new land Acquisition Act


    Live Updates

    • 26 Nov 2019 3:49 PM IST

      Bench has risen. Matter will be continued tomorrow.

    • 26 Nov 2019 3:48 PM IST

      SD - whole scheme in 16, 17 constitutional accepted, must contemplate. In every state, there exists a process.

    • 26 Nov 2019 3:43 PM IST

      J. Saran - S16 comes when payment is made.

      J. Bhat - S12(2), then 16 is complete.

      J. Mishra - So if they refuse, then you deposit ? Payment in S24 ?

      J. Saran - Take a short drive, not a long drive.

    • 26 Nov 2019 3:42 PM IST

      J. Saran - S16 comes when payment is made.

      J. Bhat - S12(2), then 16 is complete.

      J. Mishra - So if they refuse, then you deposit ? Payment in S24 ?

      J. Saran - Take a short drive, not a long drive.

    • 26 Nov 2019 3:40 PM IST

      SD - Context is 2 fold and 3 fold here. We also have to look at it from the constitutional perspective. Every person cannot file writ.

      J. Bhat - You have a point.

      J. Banerjee - S16 should be read with S31(1). If there’s taking of livelihood, award should be given.

      J. Mishra - Give us solutions.

    • 26 Nov 2019 3:37 PM IST

      J. Mishra - Extreme situation: money deposited in treasury, then it can be said that person refused to take the money.

      SD - Let us see when the person refuses.

      J. Mishra - In case person has not collected, does every deposit become illegal ?

      SD - In an emergency situation in which S17 applies, you take possession before award is passed. You have to tender 80 percent payment.

      J. Saran - In normal case, it’s 100%.

    • 26 Nov 2019 3:28 PM IST

      Before taking possession award should be given. S17 is emergency provision.

    • 26 Nov 2019 3:27 PM IST

      J. Mishra - Payment is under 31(1), deposit 31(2).

      SD - Let me talk about the scheme of 31 of the old Act. Award is not a vested right. It’s just an offer. A person may accept or reject the offer.

      Scheme: if the state wants to take land by Transfer of Property Act, then you get something in return - Money, land etc. That the collector is required by law to call for money and then offer the money. Regardless of whether reference made or not.

      J. Bhat - So you offer and after that you take money.

      SD - This is not the way the state can take land.

    • 26 Nov 2019 3:22 PM IST

      SD starts off reciting Section 6 of land acquisition, 1894.

      J. Bhat - No declaration until compensation.

      SD - 31(1): Collector shall give instant notice of award. You have to give statutory notice in 12(2).

    • 26 Nov 2019 3:08 PM IST

      SD - you are right. observation of how misuse is happening.

      J. Bhat - We are not going into RTI. Your case was deposition. Which is done.

      J. Mishra - You are not examining. You should submit on interpretation. You are arguing conversely. You come on the issue. You are wasting time on debate. Come to the interpretation.

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