CJI-led Five-judge bench to hear land acquisition law

NEW DELHI: A five-judge Supreme Court bench led by the Chief Justice of India (CJI) said it would examine afresh all aspects of the land acquisition law. The constitution bench was formed after a three-member bench took umbrage to the decision of another bench of the same strength overruling a 2014 order in the mater.

In 2014, a three-member bench interpreted the 2013 law in a manner that land acquisition would lapse if the compensation money was not deposited either in court or paid to the landowner.

While the order was seen favourable to the landowner, in February this year, a bench led by Justice Arun Misra ruled that the land acquisition proceeding would not necessarily lapse. That tiled the balance in favour of the government and other acquiring entities.


Justice Arun Misra incurred the wrath of another threemember bench, which included Justices Madan B Lokur and Kurian Joseph, for his comment that the earlier ruling was “per incuriam”, a legalese for judicial carelessness.

Justices Lokur and Joseph were part of the bench that delivered the 2014 verdict. After the February order, Justices Lokur and Joseph, who had earlier gone public along with Justices Jasti Chelameswar and Ranjan Gogoi over assigning controversial cases to Justice Arun Misra, remarked unfavourably over what they said the tendency of benches to comment on earlier rulings instead of referring such issues to a larger bench.