The land acquisition Act 2013, is much better than its devil predecessor, but still has a long wa... more The land acquisition Act 2013, is much better than its devil predecessor, but still has a long way to go, as it still suffers from some shortcomings , which is preventing the full benefits to all stakeholders in the process, especially the land owners. As of present, the government has not initiated any of the aforementioned changes to the act, but through the 2015 amendment bill , which is pending in Rajya Sabha, only made it worse for the land owner, as it has proposed to change the consent requirements for specific types of projects, the time period requirement for returning of the land , and offences by government department would require prior sanction of the department.
The definition of the expression "the State" in Article 12, is however, for the purposes of Parts... more The definition of the expression "the State" in Article 12, is however, for the purposes of Parts III and IV of the Constitution, whose contents clearly show that the expression "the State" in Article 12 as also in Article 36 is not confined to its ordinary and constitutional sense as extended by the inclusive portion of Article 12 but is used in the concept of the State in relation to the Fundamental Rights guaranteed by Part III of the Constitution and the Directive Principles of State Policy contained in Part IV of the Constitution which principles are declared by Article 37 to be fundamental to the governance of the country and enjoins upon the State to apply making laws.
The land acquisition Act 2013, is much better than its devil predecessor, but still has a long wa... more The land acquisition Act 2013, is much better than its devil predecessor, but still has a long way to go, as it still suffers from some shortcomings , which is preventing the full benefits to all stakeholders in the process, especially the land owners. As of present, the government has not initiated any of the aforementioned changes to the act, but through the 2015 amendment bill , which is pending in Rajya Sabha, only made it worse for the land owner, as it has proposed to change the consent requirements for specific types of projects, the time period requirement for returning of the land , and offences by government department would require prior sanction of the department.
The definition of the expression "the State" in Article 12, is however, for the purposes of Parts... more The definition of the expression "the State" in Article 12, is however, for the purposes of Parts III and IV of the Constitution, whose contents clearly show that the expression "the State" in Article 12 as also in Article 36 is not confined to its ordinary and constitutional sense as extended by the inclusive portion of Article 12 but is used in the concept of the State in relation to the Fundamental Rights guaranteed by Part III of the Constitution and the Directive Principles of State Policy contained in Part IV of the Constitution which principles are declared by Article 37 to be fundamental to the governance of the country and enjoins upon the State to apply making laws.
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