Supreme Court Issues Notice In Plea Challenging Tamil Nadu Land Acquisition Laws Act, 2019

On Friday a notice was issued regarding the Tamil Nadu lang acquisition laws, they were declared unconstitutional. This notice was issued by the Supreme Court of India to the Tamil Nadu Government. Petitions relating to the law were tagged and this notice was issued by a Supreme Court Bench comprising of Justices AM Khanilkar, BR Gavai & Krishna Murari. A judgement passed by the Madras High Court has passed a judgment on July 3, 2019, this judgement held that Tamil Nadu Act 1 of 2015 and consequently the Tamil Nadu Highways Act, 2001 as well as two other land acquisition laws are void as they are incompatible or in conflict with The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and they can be struck down as per State of Karnataka vs. Karnataka Pawn Brokers Association & Ors. (2018) 6 SCC 363. The petition she light on this topic. As the topic of power to acquire is a part of  the concurrent list, both the State and the Centre can do it. The 2013 Act helped by making the process of acquiring land more transparent and that the general public can see the reasons for acquirement of a particular land and also that the Government is just not taking over the land with no appropriate cause or reason. It is noticed that impugned act seeks to revive the three legislations even though they do not survive the repugnancy against the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in this process.

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