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Baskaran Kanakasabai (entrepreneur)     20 December 2019

"land acquisition beyond the perimeter of the rule of law"

Land Acquisition beyond  the perimeter of ‘The Rule of Law’”

Part-1

 

It could be useful to bear in mind that the causative scenario behind  sec.24(2) which is being discussed & debated with diligence & dexterity currently by the Constitution Bench on Land Acquisition,  evolved around April 2010 right at Sholinganallur, Chennai-600119, primarily due to the shocking discovery of many illogical and  syndromic  features in  the land acquisition procedures followed at this  place and the subsequent  transmission of the relevant findings regarding  the same through petitions to the Hon. President of India, NHRC, Supreme Court of India, Hon’ble CJI ,MoRD, LCI, ICoJ, UNHRC et al. since 2010  vide my writings titled “The flaw in the law1” and “Registration Deficiency Syndrome2” (alias-“ Sholinganallur Syndrome”),”Theory of Registrability” “Iceberg of Statutory Negligence” etc., which were simultaneously posted in the Articles section and the Forum section of lawyersclubindia.com- in  pursuit of justice for the innocent victims of  arbitrary Land Acquisition in over 5 countries of the world.

Readers may be aware of the fact that a 5-Judge Constitution Bench has been constituted to interpret sec. 24(2) of the LARR Act, 2013.

During the session (dated 21.11.2019) of that Constitution Bench, the Hon’ble Judges posed logically crucial and appropriate questions and contexts in the process of interpreting sec 24(2) of the LARR 2013 Act as follows:

  1. Hon. Justice Mishra :…. “We are deciding the matter afresh. Prima facie we are not bound by anything.’
  2. Hon. Justice Saran: …..”It gives the opportunity to convince the court independently.”
  3. Hon. Justice Mishra: ”Suppose the possession was taken in 60s or the 70s or the 80s, everything was concluded and development has taken place. Now it is contended that the possession was not in accordance with the law. How far do we go?”

(note: it will not be right to construe as if procedural non-compliance in respect of ‘payment1 ‘ and ‘physical possession2’ alone are the aspects to be considered under.....contd in page2. 



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