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kiran 11111 (Executive)     10 January 2014

Repungency

Right to Fair Compensation  and Transparency in Acquisition , Resettlement and Rehabilitation 2013 has been brought into force from January 1 , 2014. This act deals with acquisition of land and resettlement of displaced person on account of acquisition of land. The subject resettlement   Is in concurrent list at entry no 27 whereas acquisition is at  entry no 42  in concurrent list. This act has been passed by union government.

In Maharashtra there is Maharashtra Project affected persons rehabilitation act 1999 dealing with rehabilitation of displaced person. This act has received the assent of the President . Union act has repealed   earlier Land Acquisition Act . However union act has not expressly repealed Maharashtra Project affected persons resettlement act. So  in Maharashtra we will have two laws dealing on resettlement of displaced person. 

So my question is 

1. Which law will prevail ? 

2. Whether Maharashtra Project affected person rehabilitation act will prevail in view of article 254(2) ? 

3. Whether both acts will go together?



Learning

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