2018 (2) TMI 2122 - SCH - Indian Laws

Interpretation of Section 24 of Land Acquisition Act - HELD THAT - It would be appropriate if in the interim and pending a final decision on making a reference (if at all) to a larger Bench the High Courts be requested not to deal with any cases relating to the interpretation of or concerning Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013. The Secretary General will urgently communicate this order to the Registrar General of every High Court so that our request is complied with. Insofar as cases pending in this Court are concerned we request the concerned Benches dealing with similar matters to defer the hearing until a decision is rendered one way or the other on the issue whether the matter should be referred to larger Bench or not. Apart from anything else deferring the consideration would avoid inconvenience to the litigating parties whether it is the State or individuals. Issue notice on SLPs returnable on 7th March 2018.

Summary

Issues:
Challenge to judgment by State of Haryana | Interpretation of Section 24 of Land Acquisition Act

Analysis:
The Supreme Court heard a Special Leave to Appeal filed by the State of Haryana challenging a judgment of the High Court of Punjab and Haryana regarding the acquisition of land. The State of Haryana argued that the matter was covered by a recent decision of a Bench of 3 learned Judges in a different case. Some senior counsels present in court requested to be heard as they were engaged in similar matters affected by the recent decision. The Court acceded to their request and heard the senior counsels along with the State of Haryana.

During the proceedings, it was highlighted that the decision in the previous case had unsettled a long-standing statement of law with serious repercussions on land acquisition cases. It was also mentioned that when a Bench of 3 learned Judges disagrees with another Bench's decision, the appropriate action would be to refer the matter to a larger Bench. The Court was informed that some cases had been decided based on the previous judgment without reference to a larger Bench. As a result, the Court decided to list the matter for further hearing on a later date.

Considering the potential impact on pending cases, the Court requested High Courts not to deal with cases related to the interpretation of Section 24 of the Land Acquisition Act until a final decision was made on whether to refer the matter to a larger Bench. The Court also directed the concerned Benches in similar matters to defer hearings until a decision was reached on the referral issue. This decision aimed to prevent inconvenience to the litigating parties and ensure a consistent approach in handling such cases. The Court also condoned delays in certain Special Leave Petitions and issued notices returnable on a specified date.