AIR 2012 SUPREME COURT 573 ::2012 AIR SCW 129 ::2012 (1) All LJ 681 ::2012 (1) ALJ 681 ::2011 (9) SCC 354 ::(2011) 9 Scale 201 ::(2012) 3 KCCR 141

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): A. K. Ganguly, Swatanter Kumar , JJ

(A) Constitution of India , Art.372, Art.13— Pre-constitutional law - Continuance - Depends on it being consistent with fundamental rights. Per Asok Kumar Ganguly, J.- Article 372 and Article 13 relate to continuance of pre-constitutional laws validly made. Article 372 permits such continuance and Article 13 stipulates the condition on which they can continue. Art. 13 is part of fundamental rights and makes all laws, whether pre or post-Constitution, subject to the primacy of fundamental rights. The continuance of the said Act is thus made to depend on its compliance with the mandate of Article 13. The mandate of Article 13(1) is clear that such law can continue provided it is not inconsistent with the provision of Part III. In the event of such laws becoming inconsistent with the provision of Part III, such laws, to the extent of their inconsistency, shall be void.(Para 20) (B) Land Acquisition Act (1 of 1894) , S.17(1)(2), S.17(3A)— Constitution of India , Art.300A— Emergency acquisition - Taking over of possession - Payment of 80% of estimated compensation - Is condition precedent - Acquisition whether would lapse in case of non-payment - Question referred to larger Bench. Per Asok Kumar Ganguly, J.- The requirement of payment of compensat....