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Raghav (lawyer)     01 April 2011

Land Acquisition Act

Can i move to HIGH COURT again once my appeal is dismissed in SUPREME COURT ?

SUPREME COURT  upheld the notifications of section 4 and section 6 reading the provisions of urgency under section 17(1) and section 17(4) , dispensing the enquiry under section 5A . And the time between both thee notification was 11 months 31 days i.e the last day of the year.

Though in a latest judgement of the APEX COURT justice G.S Singhvi and A.K Ganguly said that enquiry under section 5A is a substantial human right and cannot be taken away with a side wind.The time between section 4 notification and section 6 notification was almost 1 year i.e 11 months 23 days which evinces that there was no urgency.

PLEASE ADVICE.



Learning

 2 Replies

M.Sheik Mohammed Ali (advocate)     01 April 2011

you may go in the apex court for review

Raghav (lawyer)     01 April 2011

But apex court has decided the case long before ,2 years back and the case is stayed by the order of the high court.We have atill not accepted the award.

So can the apex court also consider the points which it had already decided 2 years back.


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