LAND LAW ASSIGNMENT

TOPIC: Tamil Nadu Land Acquisition: Can States

Retrospectively Side-Step Central Laws?

SUBMITTED BY
K.HARINI
123087020
BALLB(HONS)
5TH YEAR
 ABSTRACT

The 7th Schedule of the Indian Constitution, which includes the Union List, State List, and
Concurrent List, which details the power relationships between the Union and States, is the
subject of Article 246. The Union List of the Indian Constitution lists the subjects on which
the Centre has the sole authority to pass laws. The Union List, which has more subjects than
the State List, represents a strong centre. The Union List includes all concerns and issues that
are crucial for the country and those that call for consistent national law. The Indian
Constitution ensures that the Union List always prevails over the State List in any conflict or
overlap between the two. A state may receive powers and obligations under a law passed by
the Parliament on a topic on the Union List, or the law may authorise the Centre to grant
those powers and obligations to the state. The Parliament has the authority to increase the
Supreme Court's authority and jurisdiction over issues on the Union list. Only the State
legislatures have the authority to pass legislation on the topics listed under the State List of
the Indian Constitution. All of them, however, are only possible in "Normal Circumstances."
Article 249 grants Parliament the authority to enact laws pertaining to a topic listed on the
State List in the interest of the country. Under three conditions, Parliament may pass laws on
topics listed in the State List: Resolutions are passed by the Rajya Sabha. When a national
emergency occurs (Article 250) when two or more states adopt a resolution asking Parliament
to establish laws pertaining to State List issues. The Australian Constitution served as a
model for the Indian Constitution's "Concurrent List" concept. On the matters listed in the
Concurrent List, both the Central and State governments may pass laws. While both the
Central and State Governments have the authority to enact laws on the topics listed in the
Concurrent List, the Central Government's laws take precedence in the event of a
disagreement.
BACKGROUND OF ACT

Both tangible and intangible qualities are necessary for human survival, and a thorough
philosophical study of the two concepts leads to the conclusion that they are related. 1 There
are many different material properties, but my main interest is land. In modern times, land is
what is used to build shelters, grow crops, and gain status and status in society.

There was no static definition of property; changed over time. This is clear from the excerpt
from Pt. Nehru's Speech reads:

"There was a time when people owned property. Kings owned everything: land, cattle,
people. Property was measured by the cattle or cows owned. After that, real estate became
more important."

Land acquisition in India is the procedure by which the union or the state government in
India purchases private land for the purpose of industrialization, development, the
construction of infrastructure facilities, or the urbanisation of the private land, and provides
compensation to the affected landowners as well as their rehabilitation and resettlement.2

Land Acquisition in Indian

Land Acquisition is the power of Indian associations or state governments to acquire private
land with the ultimate goal of industrialization, infrastructure office facilitation or
urbanization of private land and return and resettlement to affected landowners. is.

The ability to take property from individuals is based on the potential of the famous space.
The teaching of the eminent chamber expresses that a monarch can do anything if his deeds
are in the public interest.3 This doctrine obliges sovereigns to procure private land for public
use, thereby allowing some form of public imagination for use. It’s based on two
accompanying Latin proverbs: salus populi suprema lex (public assistance to the individual is
the prime law) and necessities publica significant est quam (public needs are more important

1 Land Acquisition Act: History & The Need to Strike Down Right to Property. (manupatra.com)
2 Land Acquisition Act, 1894 (Definitions and Features) (legalraj.com)
3 Land Acquisition Act: History & The Need to Strike Down Right to Property. (manupatra.com)
than private needs). there is). Throughout the existence of modern India, this practice was
tested twice, when land transfers began and when banks were nationalized.

SIGNIFICANCE

The most significant change came in his 1923, when the concept of a takeover challenge
requiring a competent authority hearing. One of the most important points was that the 1894
Act only applied to British India and not to monarchies. However, the monarchy enacted its
own land acquisition laws, such as the Hyderabad Land Acquisition Act 1899 and the
Travancore Land Acquisition Act 1809.

Without the state, we cannot discuss the issue of compensation. In British India, 1895 marks
the era of certain rights guaranteed under the Home Building Rule 6 that one right was
guaranteed and that was the dignity of one's home. This is a specific reference to property
rights in the Government of India Act 1935, which gave British subjects certain rights in
India.

CONSTITUTIONAL VALIDITY

The Indian Constitution originally gave privileges over property (including land) under
Articles 19 and 31. Article 19 guaranteed that all residents retain the privilege of acquiring,
owning and disposing of property. Article 31 states that "no person shall be deprived of his
property except by statutory authority" and that any person whose property is confiscated for
public use shall be paid was showing that the 44th Amendment of 1978 removed property
privileges from the Rights Curriculum by proposing another rule, Section 300-A.4 The
amendment states that property privilege is no longer a great right but a
constitutional/legitimate/statutory right and if violated, the treatment of the abused person is
subject to the High Court under Article 226 of the Indian Constitution. by and Supreme Court
under Article 32 of the Constitution of India. States must pay incentives in the 1964 Land,
Building, or Construction Market (inserted by the 17th Amendment). The equivalent is found
in previous rulings where property rights were fundamental rights, as in the states. In the
West Bengal case against Ms Bella Banerjee et al., they suggested that the 'compensation'

4 Aspects of land acquisition in India  - iPleaders

referred to in Section 31(2) provided full wages. H. Market Value of Property at Time of
Acquisition.

CASE STUDY

Maharashtra v. Chandrabhan Tale

In Maharashtra v. Chandrabhan Tale, Judge Reddy, O. Chinnappa declared the fundamental

right to property null and void because it conflicted with the goals of social, economic and
political "status justice". With the establishment of the communist people's republic, which is
"and chance" and is stipulated in the constitution. Productivity has many characteristics, and
we have yet to find the perfect performance test that meets the diverse demands of creative
societies like ours. The idea of validity, combined with the state of reliability, was put
forward by O Chinnappa Judge Reddy.

Indore Development Authority v. Manohar Lal

The land owner informed the Indore Development Authority v. Manohar Lal that the
purchase made under the Land Acquisition Act of 1894 had expired and a new procedure was
required under the Land Acquisition Act of 2013. claimed.5

The Supreme Court said in this pivotal ruling that pending lawsuits under the 2013 Act have
expired under two conditions and the acquisition process must be restarted. The Supreme
Court said the new proceedings under the Land Acquisition Act 2013 are only necessary if
the following conditions are met:

No land ownership has occurred.

Landowners have not received compensation.

According to the court, compensation payments include not only money given to landowners
or brought to court, but also money deposited in the state treasury.

RIGHT TO PROPERTY AND LAND ACQUISITION

5 The Land Acquisition Act, 2013 - iPleaders

Sections 275, 297 and 300 of the Government of India of 1935 set forth certain rights
including rights against discrimination in employment, rights to property and other rights.
The Joint Committee on Revision of the Constitution of India discussed granting an
enforceable mechanism for 'expropriation of property rights' rather than 'property rights' per
se. Finally, however, per the Attorney General's opinion, S. 299 provided certain mechanisms
for enforcing compensation while property was being acquired and for that property.

It's interesting to note that compensation for government takeovers is controversial. When the
Constituent Assembly was formed and held its first session in December 1946, it advocated
the inclusion of clear rules in the constitution to avoid future disputes. There were also
popular demands for basic rights. First, the Fundamental Rights Clause, which states that "no
one shall be deprived of life, liberty or property without due process". This soon became the
subject of debate that the due process clause could hamper the government's socialist
activities. Due to the prevalence of the zamindari system and other vices at the time, it was
approved to remove the due process clause from the draft. At this point, note the intent of
both the Constituent Assembly and the Joint Commission formed between the Government of
India Act 1935 while ownership is in dispute. The Constituent Assembly was concerned
about the conflicting nature of this capitalist right and the socialist Democratic Party.

The 44th Amendment abolished the right to property, especially after the fundamental right to
property was dwindled and eroded to its essential core. One is not entitled to prompt relief as
previously granted under Article 32 of the Indian Constitution.

Section 31(1) has been deleted from Part III and is now Section 300A.

"No one shall be deprived of his property except by the authority of law."

FINDINGS

Tamil Nadu Land Acquisition: Can States Retrospectively Side-Step

Central Laws?6

6 Tamil Nadu Land Acquisition: Can States Retrospectively Side-Step Central Laws? - Supreme Court Observer
(scobserver.in)
For over 100 years, land acquisition in India was regulated by the Land Acquisition Act of
1894. Under this law, the central government of India was able to acquire land for public use,
such as building infrastructure. There were also state laws, which were effective as long as
they cooperated with central law and did not conflict with central law.

Then in 2013 parliament passed a new law.

Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and
Resettlement Act 2013 (“LARR”). Among other things, the new law introduced provisions
for obtaining consent from landowners, increased the compensation landowners received, and
required social impact assessments.

Many people, especially landowners and those involved in resettlement policy, applauded
this new approach to land acquisition. However, for state governments, the land acquisition
process becomes more cumbersome as existing state laws do not comply with several
provisions of the new central legislation.

Tamil Nadu is one of these states. There were three specific land acquisition laws in its
books.

Tamil Nadu Acquisition for Harijan Welfare Plan Act 1978, Tamil Nadu Land Acquisition
for Industrial Purposes Act 1997 and Tamil Nadu Highways Act 2001 (“TN Act”). These
laws lack similar consent and evaluation provisions, which have become obnoxious and
invalid.

Madras HC Struck Down 2014 Amendment

In 2014 the Tamil Nadu Legislature attempted to circumvent these provisions by invoking a
constitutional provision (Article 254) that allows the state to amend important laws. The
Tamil Nadu Legislative Assembly has passed an amendment to the LARR stating that the TN
Act will be exempted from her LARR provisions. This exemption applies retroactively from
January 1, 2014.

In 2019, the Madras High Court rejected Tamil Nadu's attempt to create an exemption from
the TN Act. They argued that these laws were invalid due to their inconsistency and could not
be reinstated by exception to central law. The TN Law had to be re-enacted.

Two weeks later, the Tamil Nadu Legislature passed the Tamil Nadu Land Acquisition Act
(Restoration, Amendment and Verification of Operation) Act 2019 (“Act 2019”). This time,
they specifically said that the TN Act would be "revived." They were able to get the
president's approval and sidestep the hate issue.

The Supreme Court considered three issues related to the validity of the 2019
law.

Retrospective effect

The first is the fact that the 2019 law retrospectively reinstated the law. The 2019 law states
that he was reinstated on September 26, 2013, six years before the 2019 law was passed,
which marked the date on which LRR received presidential approval. was consistent. The
Supreme Court affirmed Congress' right to retrospectively reinstate the law. Citing previous
legal precedents with retroactive effect, they believed it was permissible.

Preferential Rights

The second problem was that the 2019 law only referred to each TN law by name and they
would be reinstated. They did not re-enact the full text of the TN Act. The Supreme Court has
clarified that the law can be "informative." Thus, reference to the name of the TN Acts
revealed what the Act was passed. TN law is revived.

Parliament and judiciary

A third question was whether the legislature could directly overturn the Madras HC decision.
The Court determined that the law complies with the decision of the Madras High Court, as
the 2019 Act expressly reinstated the law. Rather than simply overturning it, lawmakers
removed the reasons for the High Court's ruling, which ruled that the TN Act needed to be re-
enacted and reinstated. Legislators have reinstated them through a 2019 law. Therefore, the
2019 law was in force and complied with the judgment.

COMPENSATION FOR LAND ACQUIRED

According to the Government of India's 2010 report, information collected in all Indian states
in 2009 found that normal annual wages for gardening jobs across India ranged from £53 to
£117 per day for working men. was the range. A study of this wage rate in the country of
India reminded us of the accompanying gardening activities essential to India.

Digging, planting, weeding, moving, gathering, sifting, sifting, picking, shepherding, working
vehicle drivers, incompetent helpers, processing, etc.7 Payments for procured land are based
on local real estate valuations and do not take into account increased costs in any way.
Property values typically go up, but current buyers don't benefit. Besides, if the costs were
left to the market, small workers would never influence the tycoons of big companies. In
addition, it is mainly the legal staff who receive higher salaries than the administration.

The law requires you to pay the market value of your land and other property on it, as well as
the costs of persuading a person to change the location of your home or business. It
specifically prohibits consideration of planned land use when processing market valuations.
The 2007 law requires him to pay the next largest of the three installments.

The value of land determined for stamp purposes, the top 50% fair value after deducting the
costs of neighbouring property transactions, and the fair value of the top half of properties
purchased from prospective sellers for the company. A zone use plan should be used to
clarify ongoing zone agreements. After that, horticultural land acquired for modern work is
followed up at the expense of mechanical land.

When the Government of India needs to acquire exclusive land for public reasons, it is
required by law to notify such land owners through legal notices. Therefore, if such
recommended countries are not required by public authorities at that time, there is a legal
need to notify by issuing a waiver of notice.

The designated land can be used or sold by the owner of the land. In some cases, land may be
limited to assembly lots, factories, etc. If property cannot be exchanged in a particular region,
that country is considered under government control, which affects requests to stop
proceeding with ongoing business in that country. This is called country designation.
Remember to buy land whenever the timing is right. This is the fastest stage of development
to offer land-themed computer-generated real-life highlights.

7 Aspects of land acquisition in India  - iPleaders

Judicial aspect

Considering Special Mission Officers vs. Shah Manilal Chandral recently, Considering
Hombul K. Ramaswamy, J.8 It is no longer a reintegration that collectors do not have the
power to expand the energy of reference requests. direction:

“Despite the fact that this may be very difficult, section 29 does not apply to the provisions of
subsection (2) of section 18, taking into account special disability under section 18(2) of the
Act. The Collector/LAO is therefore not a court acting as a legal authority under section
18(1). In this regard, section 5 of the cannot be used to extend the period of interference
granted. The lack of built-in agreement in the Section 18 plan to approve extensions,
extensions of deadlines is cruel and unreasonable at best. Being simple, reasonable, and
reasonable goes against a sound authoritarian injunction. Genuine and accidental schedule
changes are subject to approval. You can really quiet at that point and you can quit the
generous stock. There seems to be little defence to the former owner's claim not to make his
own mistakes.

As a result, a fundamental change of section 18 is required. In this unique circumstance, it

may be easier if the refereeing court can overlook a delay in the motion of referrals when
post-referral disputes over disability are constantly under court scrutiny. Another drawback of
Article 18 is that it requires a time limit within which the authorities must seize the court. In
the case of Mangat Suram Tanwar v. Union of India, the Chief Justice of High Court ruled
that a serious view should be taken on how land procurement officers withhold applications
for referrals. To reflect the current situation, the Karnataka Legislature has amended Section
18 by embedding it into this subsection. This subsection stipulates that the agency must,
within 90 days of receipt of the application, provide a reference for the candidate to apply to
the court and direct the collector. Paris material changes also have the right to be incorporated
into LA law. At times, authorities deny referral applications on unlawful grounds and
persuade candidates to submit summaries to the High Court for redress. The State
Legislatures of Madhya Pradesh, Maharashtra and Himachal Pradesh have reasonably
amended Section 18 of the CPC by staying the dismissal order for the Court of Appeal under
Section 115 of the CPC. It would be appropriate if §18 was also changed unrecognizably,
making healing easier and cheaper for those interested to access.

8 Aspects of land acquisition in India  - iPleaders

CONCLUSION

Reaffirmation of right to retrospective legislation

By interpreting this law, the Supreme Court paved the way for other states to enact similar
retrospective laws. Many other states have also passed amendments to exempt certain
projects. However, these were more restrictive than the TN method. The Supreme Court
ruling allowed the Tamil Nadu government to avoid cancelling the acquisition that had
already been made. Further legal challenges in other states will follow this ruling, based on
the details of each case. Retrospective penal statutes are prohibited by the Constitution.
However, Congress has the power to enact other retrospective laws. This is typically done for
tax provision. The Supreme Court has largely upheld such tax laws.

SUGGESTIONS:

But international law can pose problems. For example, in 2012 Parliament passed a
retrospective law taxing transactions between foreign companies with assets in India. The
Permanent Court of Arbitration in The Hague has unanimously found that this violates the
standards of fair and equitable treatment under free trade agreements in two key decisions. A
law has been passed in the House of Representatives that removes the retrospective effect of
this law.

A challenge to fundamental rights?

Another lawsuit is pending against the three TN bills. Complainants argue that this is
arbitrary and violates the right to equality. Because whether a property owner benefits from
her LARR depends solely on the purpose of the acquisition. Now that the hated hearing is
over, a new challenge hearing is about to begin.