LAWS(SC)-2019-10-82

INDORE DEVELOPMENT AUTHORITY Vs. MANOHAR LAL & ORS

Decided On October 23, 2019
INDORE DEVELOPMENT AUTHORITY Appellant
V/S
Manohar Lal And Ors Respondents

JUDGEMENT

(1.) The question of interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013'), has been referred to a five-Judge Constitution Bench of this Court.

(2.) A three-Judge Bench of this Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & Ors., 2014 3 SCC 183, had delivered a judgment interpreting section 24 of the Act of 2013. In Yogesh Neema & Ors. v. State of Madhya Pradesh, 2016 6 SCC 387, a two-Judge Bench, doubted the decision of Sree Balaji Nagar Residential Assn. v. State of Tamil Nadu, 2015 3 SCC 353 and referred the matter to a larger Bench.

(3.) Yet in another Civil Appeal No.20982 of 2017 arising out of S.L.P. (C) No.2131 of 2016 (Indore Development Authority vs. Shailendra (Dead) through Lrs. & Ors.,2018 SCCOnlineSC 100) the matter was referred to a larger Bench on 7.12.2017. The following observations were made in Indore Development Authority (supra):