SC Accepts Centre's Stand, Disposes of Pleas on Land Ordinance

SC considered Centre\'s submission that it has not re-promulgated the Land Acquisition Ordinance, disposed of PILs challenging the exercise.

Published: 24th September 2015 05:41 PM  |   Last Updated: 24th September 2015 05:41 PM   |  A+A-

By PTI

NEW DELHI: The Supreme Court today considered Centre's submission that it has not re-promulgated the Land Acquisition Ordinance and disposed of two PILs challenging the re-promulgation exercise.

A bench headed by Justice J S Khehar took note of the submission of Additional Solicitor General Pinki Anand, appearing for the government, that as of now, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015 is not in existence.

The court, at the request of senior advocate Indira Jaising who was representing the PIL petitioner, left legal questions pertaining to the government's right to promulgate ordinances, open for future challenges.

On July 16, the bench had issued notice to the Centre on a plea by farmers body Delhi Gramin Samaj against the re-promulgation of the ordinance.

The NDA government had re-promulgated the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015, after it lapsed on June 4. The ordinance was first promulgated in December last year, re- promulgated in April this year and again in May. It was finally allowed to lapse on August 31.

The farmers' organisations had challenged re-promulgation of the ordinance terming it 'unconstitutional' and 'ultra vires' of the Constitution, saying it was a "colourful

exercise of power" by the executive to "usurp" the law-making powers of the legislature.

Besides Delhi Grameen Samaj, Bharatiya Kisan Union, Gram Sewa Samiti and Chogama Vikas Avam were also co-petitioners in the case.

The petition had said the government's action in promulgating successive ordinances "bypassing" the legislative process of Parliament, was not only "arbitrary and violative" of Article 14 but also a "fraud on the Constitution" itself.

It had said the government's action in re-promulgating the land ordinance was "malafide" and thus open to challenge.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp