The Puducherry Goverment has framed rules as below under gazette notification dated 16.03.2017: 34. Determination of market value for lands acquired under the Land Acquisition Act, 1894.� (i) The reference date for calculation of market value under clause (a) of sub-section (1) of section 24 shall be 1-1-2014 the date of (commencement of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013) (ii) The reference date for calculating additional market value under sub-section (3) of section 30 of the Act for land acquisition proceedings initiated under Land Acquisition Act, 1894 shall be the date of preliminary notification i.e., the date of notification under sub-section (1) of section 4 of the Land Acquisition Act, 1894. Further by gazette notification dated 12.07.2018 the previous section was modified as 2. In the Puducherry Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2016- (i) for rule 34(i) substitute the following, namely,- �(i) The cases covered under clause (a) of sub-section (1) of section 24 where the notification was issued on or before 31st December, 2013 under section 4 of the Land Acquisition Act, 1894 (1 of 1894), the date for determination of market value shall be the date on which such notification was issued.� Under section 107 the 2013 act gives power to state legislature to enact any any law more beneficial to affected families . In section 109 of the 2013 act there is no power given to state goverment to enact any rules to reduce the compensation. The puducherry goverment by the gazette notification dated 12.07.2018 has fixed the date for determination of the land value as the date of 4(1) notification and not on 01.04.2014. On what grounds the gazette notification dated 12.07.2018 of the puducherry goverment can be quashed. please quote any supreme court judgement.
Asked 6 years ago in Civil Law