SC Constitution Bench To Hear Land Acquisition Matters After The Hearing On The Validity Of S.377 IPC [Read Order]
As the issue of interpretation of section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 came up before a five-judge bench of Supreme Court on Tuesday, the bench directed the counsels to file propositions of law. Further, notice was taken of the order dated December 7, 2017 in Indore Development Authority v. Shailendra, wherein the question that whether by virtue of the provisions contained in section 24 of the Act of 2013 the proceedings lapsed on non-deposit of compensation in the Court was sought to be referred to a larger bench. In 2014, a three-Judge bench interpreted this provision in Pune Municipal Corporation v Harakchand Misirimal Solanki, to mean those acquisition proceedings initiated under the 1894 Act five years prior to the coming into force of the 2013 Act would lapse if the acquired land was not taken possession of by the State, or compensation was not paid to the displaced farmers. The Arun Mishra-Adarsh Kumar Goel-Mohan M.Shantanagoudar bench, on February 8, in Indore Development Authority v Shailendra Through LRS & Ors, held that this ruling in Pune Municipal Corporation because it held that the landholder, cannot take advantage of his own wrong, by refusing to take the compensation under the old Act, in order to make it lapse, so that he could get the benefit of higher compensation under the 2013 Act.
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