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Showing contexts for: rfctlarr in G.Kesavan vs The Union Of India on 30 January, 2025Matching Fragments
34. Here in the case in hand, whether such a notification has been issued in the eye of law or not. Admittedly no such notification under Section 105(3) of the Act 2013 has been issued, as, such a notification ought to have been issued within one year period, i.e., on or before 31.12.2014.
35. In order to overcome this difficulty, the Central Government has taken various steps legislatively which has been stated in the 2015 order, dated 28.08.2015. The first step that was taken by the Central Government is to issue an Ordinance, i.e., called RFCTLARR (Amendment) Ordinance 2014 (9 of 2014) which was promulgated on 31.12.2014, thereby inter alia amending Section 105 of the RFCTLARR Act to extend the provisions of the Act relating to the determination of the compensation and rehabilitation and resettlement to cases of land acquisition under the enactment specified in the Fourth Schedule to the RFCTLARR Act.
https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.6727, 16710 and 16711 of 2021
36. Subsequently, the RFCTLARR (Amendment) Ordinance, 2015 (4 of 2015) was promulgated on 03.04.2015 to give continuity to the provisions of RFCTLARR (Amendment) Ordinance, 2014. Thereafter, RFCTLARR (Amendment) Second Ordinance, 2015 (5 of 2015) was promulgated on 30.05.2015 to give continuity to the provisions of RFCTLARR (Amendment) Ordinance 2015, i.e, (4 of 2015). The replacement bill relating to RFCTLARR (Amendment) Ordinance, 2015, i.e., (4 of 2015) was referred to joint committee of the House of Parliament for examination and report and the same was pending with the Joint Committee. However, as per the provisions of Article 123 of the Constitution, the RFCTLARR (Amendment) Second Ordinance 2015, i.e., (5 of 2015) since would be lapsed by 31.08.2015 and in such a case, it would place the land owners at the disadvantageous position which result in denial of benefits of enhanced compensation and rehabilitation and resettlement to the cases of land acquisition under the 13 Acts specified in the Fourth Schedule to the RFCTLARR Act as extended to the land owners under the said Ordinance.
And whereas, the notification envisaged under sub-section (3) of Section 105 of the RFCTLARR Act was not issued, and the RFCTLARR (Amendment) Ordinance, 2014 (9 of 2014) was promulgated on 31-12-2014, thereby, inter alia, amending Section 105 of the RFCTLARR Act to extend the provisions of the Act relating to the determination of the compensation and rehabilitation and resettlement to cases of land acquisition under the enactments specified in the Fourth Schedule to the RFCTLARR Act;
https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.6727, 16710 and 16711 of 2021 And whereas, the RFCTLARR (Amendment) Ordinance, 2015 (4 of 2015) was promulgated on 3-4-2015 to give continuity to the provisions of the RFCTLARR (Amendment) Ordinance, 2014;
And whereas, the RFCTLARR (Amendment) Second Ordinance, 2015 (5 of 2015) was promulgated on 30-5-2015 to give continuity to the provisions of the RFCTLARR (Amendment) Ordinance, 2015 (4 of 2015);