[SC LIVE UPDATES] Land Acquisition- Constitution Bench Hearing- [Court -3]

Bench has risen. Matter will now be listed on Tuesday.

J. Mishra - One situation that is faced is that there was no reference. Whether to deposit in Court or bank account. Answer these questions later.

These are such rare circumstances in our country where you pass an award, but you don’t have any money !

Emergency provision under S17 deals with 80% payment. This I will deal with later.

J. Mishra and J. Bhat - It is important to distinguish facts here. In Sukhbir Singh, it was the grossest of the gross cases.

SD - In my case, I can show you a letter to the Collector (IDA) where they’re asking for crores and the Collector sends a letter back saying that it will be paid in 2015. This has unique facts too !

J. Mishra - Statutory provision made under the Act that says that it must be deposited if reference is not sought. How can you say that this provision is otiose ? It’s an outright enquiry to a Senior Counsel. Answer this later and, continue now.

SD (Continues with the submissions) - First you have award, then you have communication under S12. Then if he refuses payment, you deposit it in the court. And then you can take possession. The Act makes the entire process very clear.

Why should we keep following stare decisis. We made a mistake and we should continue to perpetuate this mistake ? Or should we stop ?

The principle of stare decisis is something which is relied upon to ensure dependability upon the system and certainty.

This must be kept at the back of your mind because we have a large series of judgements.

The principle of stare decisis is something which is relied upon to ensure dependability upon the system and certainty.

SD - The new regime and new thinking concerns only the future. The question is what happens to 1894 ? S24 had to be put in to allow situations where awards had been passed. Overall concept seems to be something that is nationwide and not individual case-wise.

J. Mishra - So, where do we stop ?

SD - I’ll reflect on this.