7 years, 1 month ago

Controversy Over Conflicting Judgments On Land Acquisition: CJI Constitutes Five Judge Bench To Settle The Issue

To put an end to the controversy about the conflicting Judgments of three judge Benches of Supreme Court regarding the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Chief Justice of India has constituted a Five Judge Bench to settle the issue.The Bench comprising Chief Justice Dipak Misra. To put an end to the controversy about the conflicting Judgments of three judge Benches of Supreme Court regarding the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Chief Justice of India has constituted a Five Judge Bench to settle the issue. On February 21, 2018 another three judge bench of the Supreme Court headed by Justice Madan B. Lokur, requested the other SC benches and the High Courts to not to deal with any cases relating to the interpretation of or concerning Section 24 of the Land Acquisition Acts. The Bench asked the question "How can a three Judge Bench declare the Judgement of another bench of equal strength as 'per-incurium'" On February 22, 2018 Justice Arun Mishra who had headed the 3 judge bench that held the decision in ‘Pune Municipality case’ as per incuriam, taking note of the order Justice Madan B. Lokur’s bench, which virtually stayed the order, has referred the issue to the Chief Justice of India to constitute a larger bench to decide the issue.

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