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2023 Supreme(SC) 492

DINESH MAHESHWARI, SANJAY KUMAR
C. S. Gopalakrishnan etc. – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Suhrith Parthasarathy, Adv. Ms. Rashmi Nandakumar, AOR `Mr. N Subramaniyan, Adv. Mr. Pranav Sachdeva, AOR Mr. Jatin Bhardwaj, Adv. Ms. Neha Rathi, Adv.
For the Respondent(s): Dr. Joseph Aristotle S., AOR Mr. K K Venugopal, Sr. Adv. Mr. V Krishnamurthy, Sr. Adv. Mr. Sabarish Subramanian, AOR Mr. C Kranthi Kumar, Adv. Mr. Vishnu Unnikrishnan, Adv. Mr. Naman Dwivedi, Adv. Mr. Danish Saifi, Adv. Mr. M. Yogesh Kanna, AOR Mr. Pranav Sachdeva, AOR Mr. Amit Anand Tiwari, AAG Mr. Sabarish Subramanian, AOR Ms. Devyani Gupta, Adv. Mr. Vishnu Unnikrishnan, Adv. Mr. C. Kranthi Kumar, Adv. Mr. Danish Saifi, Adv.

JUDGMENT

Sanjay Kumar, J.

1. Past events, contextual to these appeals, being of relevance require recount at some length.

2. Long ago, the State of Tamil Nadu chose to exercise its right of eminent domain to acquire land for its harijan welfare schemes, its industrial purposes and its highways by deviating from the law and procedure prescribed in the Central legislation, viz., ‘The Land Acquisition Act, 1894’. In exercise of concurrent power under Entry 42 in List III of the Seventh Schedule to the Constitution of India, it enacted ‘The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978’; ‘The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997’; and ‘The Tamil Nadu Highways Act, 2001’. These three State Acts stood protected, despite being repugnant to the Land Acquisition Act, 1894 [hereinafter, ‘the old LA Act’], owing to the Presidential assent that they had received on 21.07.1978, 25.05.1999 and 16.09.2002 respectively, under Article 254(2) of the Constitution. However, upon the Parliament promulgating the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013 [hereinafter, ‘the new LA Act’], replac


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