CLAT Exam  >  CLAT Questions  >   Since the Right to Fair Compensation and Tra... Start Learning for Free
Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.
In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.
Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.
The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.
Q. Which among the following was the part of ruling of the Supreme Court judgment in the year 2014?
  • a)
    The LAAR is unconstitutional legislation.
  • b)
    The provisions of LAAR are per incuriam.
  • c)
    The acquisition process would lapse if the land acquired under the old act is not taken control of, before the enactment of the new act.
  • d)
    All of the above.
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Since the Right to Fair Compensation and Transparency in Land Acquisi...
In 2014, a three-judge bench of the apex court, held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to displaced farmers.
View all questions of this test
Explore Courses for CLAT exam

Similar CLAT Doubts

Directions: Read the following passage and answer the question.Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.Why is it considered unusual for a court to suspend a law or its operation?The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.How did the SC justify its order on farm laws?This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.Q. A person approached the Supreme Court contending that a law passed by the Parliament takes away his fundamental right and prayed that the Court must stay the operation of law at first instance and then he would move forward to prove that law is unconstitutional as it violates fundamental rights of the petitioner. Decide.

The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. The public sentiments, political demand of public lynching of rapists inter-alia have raised the debate whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victim.Retributive justice is a system of criminal justice based on thepunishment of offenders rather than on rehabilitation where as in REFORMATIVE THEORY the object of punishment should be the reform of the criminal, through the method of individualization. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being.From protests on the ground, to the commentary on social media, to MPs in Parliament, the demand for the instant killing of the accused from all corners created the public opinion for theabandonment of the rule of lawthat appears to have led to the incident.Justice in any civilised society is not just about retribution, but also about deterrence, and in less serious crimes,rehabilitationof the offenders.There is a procedure prescribed by the law for criminal investigation which is embedded in constitutional principles.Article21of the Constitution (which is fundamental and non-derogabl e) states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.Also in theSalwa Judum case in 2011a core constitutional precept was set out that in modern constitutionalism no wielder of power can be allowed to claim the right to perpetrate state’s violence against anyone. This is also the touchstone of the constitutionally prescribed rule of law(Article 14).Hence,it is the responsibility of the police, being the officers of government, to follow the Constitutional principles and uphold the Right to Lifeof every individual whether an innocent one or a criminal.According toDr. B.R. Ambedkar,the pathways of justice are not linear nor without obstacles. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality that with time must replace public moralityQ.Which of the following views can be correctly attributed to the author of the above passage?

The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. The public sentiments, political demand of public lynching of rapists inter-alia have raised the debate whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victim.Retributive justice is a system of criminal justice based on thepunishment of offenders rather than on rehabilitation where as in REFORMATIVE THEORY the object of punishment should be the reform of the criminal, through the method of individualization. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being.From protests on the ground, to the commentary on social media, to MPs in Parliament, the demand for the instant killing of the accused from all corners created the public opinion for theabandonment of the rule of lawthat appears to have led to the incident.Justice in any civilised society is not just about retribution, but also about deterrence, and in less serious crimes,rehabilitationof the offenders.There is a procedure prescribed by the law for criminal investigation which is embedded in constitutional principles.Article21of the Constitution (which is fundamental and non-derogabl e) states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.Also in theSalwa Judum case in 2011a core constitutional precept was set out that in modern constitutionalism no wielder of power can be allowed to claim the right to perpetrate state’s violence against anyone. This is also the touchstone of the constitutionally prescribed rule of law(Article 14).Hence,it is the responsibility of the police, being the officers of government, to follow the Constitutional principles and uphold the Right to Lifeof every individual whether an innocent one or a criminal.According toDr. B.R. Ambedkar,the pathways of justice are not linear nor without obstacles. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality that with time must replace public moralityQ.As per author retributive justice could be done in following circumstances

One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done."And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"… I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in one's oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?

Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?

Top Courses for CLAT

Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.Q. Which among the following was the part of ruling of the Supreme Court judgment in the year 2014?a)The LAAR is unconstitutional legislation.b)The provisions of LAAR are per incuriam.c)The acquisition process would lapse if the land acquired under the old act is not taken control of, before the enactment of the new act.d)All of the above.Correct answer is option 'C'. Can you explain this answer?
Question Description
Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.Q. Which among the following was the part of ruling of the Supreme Court judgment in the year 2014?a)The LAAR is unconstitutional legislation.b)The provisions of LAAR are per incuriam.c)The acquisition process would lapse if the land acquired under the old act is not taken control of, before the enactment of the new act.d)All of the above.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.Q. Which among the following was the part of ruling of the Supreme Court judgment in the year 2014?a)The LAAR is unconstitutional legislation.b)The provisions of LAAR are per incuriam.c)The acquisition process would lapse if the land acquired under the old act is not taken control of, before the enactment of the new act.d)All of the above.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.Q. Which among the following was the part of ruling of the Supreme Court judgment in the year 2014?a)The LAAR is unconstitutional legislation.b)The provisions of LAAR are per incuriam.c)The acquisition process would lapse if the land acquired under the old act is not taken control of, before the enactment of the new act.d)All of the above.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.Q. Which among the following was the part of ruling of the Supreme Court judgment in the year 2014?a)The LAAR is unconstitutional legislation.b)The provisions of LAAR are per incuriam.c)The acquisition process would lapse if the land acquired under the old act is not taken control of, before the enactment of the new act.d)All of the above.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.Q. Which among the following was the part of ruling of the Supreme Court judgment in the year 2014?a)The LAAR is unconstitutional legislation.b)The provisions of LAAR are per incuriam.c)The acquisition process would lapse if the land acquired under the old act is not taken control of, before the enactment of the new act.d)All of the above.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.Q. Which among the following was the part of ruling of the Supreme Court judgment in the year 2014?a)The LAAR is unconstitutional legislation.b)The provisions of LAAR are per incuriam.c)The acquisition process would lapse if the land acquired under the old act is not taken control of, before the enactment of the new act.d)All of the above.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.Q. Which among the following was the part of ruling of the Supreme Court judgment in the year 2014?a)The LAAR is unconstitutional legislation.b)The provisions of LAAR are per incuriam.c)The acquisition process would lapse if the land acquired under the old act is not taken control of, before the enactment of the new act.d)All of the above.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.Q. Which among the following was the part of ruling of the Supreme Court judgment in the year 2014?a)The LAAR is unconstitutional legislation.b)The provisions of LAAR are per incuriam.c)The acquisition process would lapse if the land acquired under the old act is not taken control of, before the enactment of the new act.d)All of the above.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.Q. Which among the following was the part of ruling of the Supreme Court judgment in the year 2014?a)The LAAR is unconstitutional legislation.b)The provisions of LAAR are per incuriam.c)The acquisition process would lapse if the land acquired under the old act is not taken control of, before the enactment of the new act.d)All of the above.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev