Applicability of a Law
Rachna
(Querist) 22 May 2010
This query is : Resolved
Petroleum and mineral pipelines (Aquisition of right of user in land) Act, 1962 was notified to be applicable to state of punjab from 1963 by notification in gazette of India. Can we preume the law to be applicable to haryana at present date.
Note: Haryana was a part of punjab in 1963, it got divided from punjab in 1966.
Pls tell me bout the applicability and the reason along with any case law if possible
Ashok Yadav
(Expert) 22 May 2010
Yes the law will be in force in haryana.
Because haryana govt. has not notifeid that the "Aquisition of right of user in land Act, 1962" shall not apply in haryana. It means it intention is clear that the act is in full force.
Acqisitions has been done by haryana govt. under this act, so its the proof of applicability of the act.
Rachna
(Querist) 22 May 2010
But if the Haryana govt has not notified for its application it didnt evn agreed for its application.Give me some solid evidence or ruling in this respect.
Ashok Yadav
(Expert) 24 May 2010
Pls go through this judgement of Punjab & Haryana High Court, it proves that this act is applicable in haryana.
C.W.P. No.19204 of 2008
Ravinder Kumar and others (Petitioners)
Vs.
Union of India and others (Respondents)
Rachna
(Querist) 25 May 2010
Mr. Yadav, i also have so many judgements like this, but the piont is i want any judgement by which it can be proved that if a law was notified to be applicable in a state before its partition, it will be applicable to the corresponding states after partion. In this judgement objection was raised b'coz there is no mention of state of haryana in the concerned act rather i am havin proof of its applicability in punjab. I want some citation or judgement by which i can prove its applicability via punjab
