2023 (9) TMI 1461 - SCH - Indian Laws

Validity of the notifications issued under the Karnataka Industrial Area Development Board Act, 1966 - Seeking relief that provisions of 1966 Act have been impliedly repealed on commencement of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. It was concluded by High Court as follows (1) The provisions of 1966 Act are neither repugnant to 2013 Act nor have been impliedly repealed on commencement of 2013 Act. (2) The 1966 Act is a special Act whereas, 2013 Act is a general law. (3) The provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Karnataka Amendment) Act, 2019 are neither arbitrary nor voilative of Article 21 of the Constitution of India. (4) Section 24 (2) of the 2013 Act does not apply to proceeding under 1966 Act, in the light of findings recorded in this order. (5) The Karnataka Amendment Act No.16/2019 to the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 is constitutionally valid. HELD THAT - List the matter along with Special Leave Petition (C) No. 20912 of 2021 and Special Leave Petition (C) No. 961 of 2022 on 10.10.2023.

Summary

The Supreme Court directed the petitioners in Special Leave Petition (C) D. No. 1838 of 2022 to cure defects within one week due to impediments in public projects. The matter is listed with other petitions on 10.10.2023.