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ARTICLE · 14 MARCH 2017

Retrospective Applicability Of LARR Act, 2013

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The Authors have addressed this issue in four parts. Part I gives a historical background of the situation that has culminated presently- the entrance of the new law governing land acquisition.

IndiaReal Estate and Construction
Siddharth Sharma
Siddharth Sharma
Aayushmaan Vatsyayana
Aayushmaan Vatsyayana
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Introduction

The Authors have addressed this issue in four parts. Part I gives a historical background of the situation that has culminated presently- the entrance of the new law governing land acquisition. Part II deals with the new law and its retrospective application provision. Part III throws light on the interpretation of the ambiguity with respect to the term period of the retrospective application. Part IV finally analyzes the various decisions and draws a conclusion.

Historical Back ground

The Supreme Court of India in the case Ramji Veerji Patel & Ors1. v. Revenue Divisional Officer& Ors., in relation to Land Acquisition Act, 1894 ("old Act") observed:

"The provisions contained in the Act, of late, have been felt by all concerned; do not adequately protect the interest of the land owners/persons interested in the land. The Act does not provide for rehabilitation of persons displaced from their land although by such compulsory acquisition, their

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