[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
- 26 Nov 2019 3:04 PM IST
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 ?
- 26 Nov 2019 2:45 PM IST
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.
- 26 Nov 2019 2:45 PM IST
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.
- 26 Nov 2019 2:39 PM IST
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.
- 26 Nov 2019 2:30 PM IST
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.