AI Overview...
- Section 23(2) Land Acquisition Act 1889 - Exception
- The section contains specific provisions that serve as exceptions to the general powers of land acquisition. Notably, Section 92(1) provides an express exception to the power of amendment, indicating certain limitations on amending the Act itself.
- In the referenced case, Section 23(b) was held to be void, suggesting that certain provisions within Section 23 do not hold up under legal scrutiny or conflict with other statutory provisions.
- The case also involved the application of Section 13-A of the Punjab Alienation of Land Act, 1900, which was added by an amendment, highlighting how specific statutory amendments can impact the validity and scope of land acquisition provisions. His Holiness Kesavananda Bharati Sripadgalvaru VS State of Kerala - Supreme Court
- Analysis and Conclusion
- The main insight is that Section 23(2) of the Land Acquisition Act 1889 includes specific exceptions that limit its general application, particularly regarding amendments and certain land transfer provisions.
- The case demonstrates that some provisions, like Section 23(b), may be declared void if they conflict with other laws or constitutional principles.
- Overall, these exceptions and legal rulings emphasize the importance of statutory interpretation and the limitations on the powers of amendments within land acquisition laws.
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