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SC notice to five states over ‘amendments’ to Land Acquisition Act

Team SoOLEGAL 11 Dec 2018 10:16am

SC notice to five states over ‘amendments’ to Land Acquisition Act

A bench of Justices Madan B Lokur and Deepak Gupta issued the notice to Gujarat, Andhra Pradesh, Telangana, Tamil Nadu, and Jharkhand on the petition by activist Medha Patkar.

On Monday, The Supreme Court issued a notice to five states on a PIL challenging “amendments” made by them in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

A bench of Justices Madan B Lokur and Deepak Gupta issued the notice to Gujarat, Andhra Pradesh, Telangana, Tamil Nadu, and Jharkhand on the petition by activist Medha Patkar.

Appearing for the petitioner, advocate Prashant Bhushan said the amendments entitled the states to acquire land for large projects without undertaking any social impact assessment or considering objections of those likely to be affected.

The petition submitted, “Even though ‘land’ is a matter in the State list, the ‘acquisition and requisitioning of property’ finds the place in the Concurrent list. The manner in which the Concurrent list works is that if there is a central law on any subject in the list, a state law cannot bypass the same. But the State Governments have passed Land Acquisition Acts and Rules for States by amending the provisions of the Central Act passed by Parliament and created conflict by violating the principle that the State Acts cannot override Central Acts.”

Source: Indianexpress

Tagged: LandAcquisitionAct   Justice Madan B Lokur   Justice Deepak Gupta   Supreme Court   amendments   Gujarat   Andhra Pradesh   Telangana   Tamil Nadu   Jharkhand  
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