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

LIVELAW NEWS NETWORK
21 Nov 2019 5:20 AM GMT
[SC LIVE UPDATES] Land Acquisition- Constitution Bench Hearing- [Court -3]
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A Five Judge Constitution Bench headed by Justice Arun Mishra  begins hearing the matters relating to the interpretation of Section 24 of the new Land Acquisition Act.

Read the Live-Updates from Court-3 here


Live Updates

  • 21 Nov 2019 10:30 AM GMT

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

  • 21 Nov 2019 10:30 AM GMT

    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.

  • 21 Nov 2019 10:18 AM GMT

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

  • 21 Nov 2019 10:16 AM GMT

    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 !

  • 21 Nov 2019 10:01 AM GMT

    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.

  • 21 Nov 2019 9:50 AM GMT

    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.

  • 21 Nov 2019 9:39 AM GMT

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

  • 21 Nov 2019 9:32 AM GMT

    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.

  • 21 Nov 2019 9:31 AM GMT

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

  • 21 Nov 2019 9:22 AM GMT

    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.

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