[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 3:04 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 2:41 PM IST

      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.

    • 26 Nov 2019 2:40 PM IST

      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.

    • 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 2:38 PM IST

      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.

    • 26 Nov 2019 2:38 PM IST

      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.

    • 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.

    • 26 Nov 2019 2:29 PM IST

      Bench reassembled . Shyam Divan continues

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