[SC LIVE-UPDATES] [Section 24- New Land Acquisition Act- Constitution Bench Hearing]

Bench has risen for the Day..

Hearing will continue Tomorrow

Senior Advocate Basant concludes his remarks.

Now Senior Advocate Shyma Divan begins 

Basant : Shifting a proviso from one place to another is a legislative exercise. We can't do that in interpretation

1976 supreme court judgment of J Bhagwati says that possession can be by walking around - J Mishra

As per Sec 16, there could be possession in any way, that is possession in panchnama or any form. - Justice Banerjee

What is the intent of the legislature to use physical possession is important - J Vineet Saran

In case possession is taken, if it's merely symbolic, it will not lapse. Is that your argument? - J Bhat

Basant replies 'Yes'

According to Section 16 and 17, it can be of any possession.

There is a judgment of Justice Kapadia where it says possession can be in any form.; Justice Banerjee

If divesting is contemplated, what is the rule of interpretation - Arun Mishra.J

Basant - I'll file a note on that.

Mishra.J- There is a discussion of this in GP Singh' book on Interpretation of Statutes. In a case where vested right is taken away, (which is divesting in purview of this provision)

Indira Banerjee - if you are arguing this, what is the effect of Section 24?

Basant : Both conditions must coexist inorder to give the benefit of lapsing. The conditions being non payment and non taking of possession.

Basant : If there is lapsing because of non fulfilment of one condition, it will lead to absurd results.

Basant : Section 16 of the old Act is important. Under 16, if possession is taken, there is vesting of property.