Supreme Court issues notice to Centre on plea against land ordinance
Posted April 14th, 2015, 02:26 PM IST

New Delhi: The Supreme Court on Monday decided to examine the validity of the ‘land ordinance’ re-promulgated on April 3, by issuing notice to the Centre seeking its response in four weeks.
A Bench of Justices J.S. Khehar and S.A. Bobde issued the notice after hearing senior counsel Indira Jaising, appearing for four farmers associations, questioning the manner in which the ordinance was issued after the Rajya Sabha was prorogued.
Noting that the ordinance will have to be passed in Rajya Sabha within six weeks (during the Budget sessions itself), the bench told the counsel that the petition would become infructuous, if the law is enacted. However, the counsel argued that this was probably the first occasion an ordinance was re-promulgated when the Lok Sabha had been adjourned and the Rajya Sabha was prorogued and that the court should examine its validity.
She also insisted that the court should issue notice to the Centre to call for the records on which President Pranab Mukherjee arrived at the subjective satisfaction before signing the ordinance.
Delhi Grameen Samaj, Bharatiya Kishan Union and two others, working for welfare of farmers, said in their writ petition that they were constrained to challenge the validity of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance as it was a colourable exercise of power.
A Bench of Justices J.S. Khehar and S.A. Bobde issued the notice after hearing senior counsel Indira Jaising, appearing for four farmers associations, questioning the manner in which the ordinance was issued after the Rajya Sabha was prorogued.
Noting that the ordinance will have to be passed in Rajya Sabha within six weeks (during the Budget sessions itself), the bench told the counsel that the petition would become infructuous, if the law is enacted. However, the counsel argued that this was probably the first occasion an ordinance was re-promulgated when the Lok Sabha had been adjourned and the Rajya Sabha was prorogued and that the court should examine its validity.
She also insisted that the court should issue notice to the Centre to call for the records on which President Pranab Mukherjee arrived at the subjective satisfaction before signing the ordinance.
Delhi Grameen Samaj, Bharatiya Kishan Union and two others, working for welfare of farmers, said in their writ petition that they were constrained to challenge the validity of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance as it was a colourable exercise of power.
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