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

Bench has risen. Matter will be continued tomorrow.

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

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.

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.

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.

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%.

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

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.

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).

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.