If the same felt illegal by you approach high court in writ petition
Government rules and directions in new LA 2013
D.O. No.13013/01/2014-LRD(Pt), dated 26.10.2015 issued by the Joint Secretary, Department of Land Resources, Ministry of Rural Development, Government of India clarifying the reference date for calculation of market value under section 24(1)(a) as 01.01.2014 (commencement of RFCTLAR&R Act, 2013) to all states and union territory except Jammu and Kashmir. The opinion given by the Government of India is extracted hereunder: "The reference date for calculation of market value, under section 24(1)(a) should be 01.01.2014 (commencement of RFCTLARR Act, 2013), as the Section reads "in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply. Under section 26 reference date is date of preliminary notification, but section 24 is a special case of application of the Act in retrospective cases, and a later date of determination of market value is suggested (i.e. 01.01.2014) with a view to ensure that the land owners/farmers/affected families get enhanced compensation under the provisions of the RFCTLARR Act, 2013 (as also recommended by Standing Committee in its 31st report). But Puducherry government has taken a stand that letter of October 26, 2015 issued by the Central Government is of no effect as such order as contained in the letter of October 26, 2015 has not been laid before the Houses of Parliament in accordance with the mandate of Section 113 of the Act of 2013.Such directions are need not to be accepted. My stand is The directions in the D.O. No.13013/01/2014-LRD(Pt), dated 26.10.2015 issued by the Central Government, after taking the opinion from the Department of Legal Affairs, are supposed to be followed within the framework of orders as per section 113 of the 2013 Act , therefore, such directions are not required to be laid before the two Houses of Parliament The D.O. No.13013/01/2014-LRD(Pt), dated 26.10.2015 also remove the difficulty in giving effect to the provisions of the 2013 Act. How the court can decide?
Asked 4 years ago in Constitutional Law
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3 Answers
Court would decide based on DO dated 26 th October 2015 issued by central government and direct Pondicherry govt to implement the same
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