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Supreme Court of India 2021-06-29 dismissed

G. Mohan Rao & Ors vs State of Tamil Nadu & Ors

Bench: 2 — A.M. Khanwilkar

In Brief

Three Tamil Nadu land acquisition laws (1978, 1997, 2001) were declared repugnant to the Union's 2013 Land Acquisition Act and void. The State attempted revival through Section 105A, which the High Court rejected as improper. The State then enacted the 2019 Revival Act with retrospective effect from 26 September 2013, with Presidential assent on 2 December 2019. The Court held the 2019 Act valid under Article 254(2), finding the State had subject-matter competence, removed the material defect identified by the Court, and properly obtained Presidential assent. The Court clarified that 'made' means date of assent, not retrospective commencement, and that a legislature may render judicial decisions ineffective by enacting valid legislation removing the decision's constitutional basis, without directly overruling it.", <parameter name="subject_tags">["Constitutional Law", "Land Acquisition", "Concurrent List", "Presidential Assent", "Legislative Competence", "Article 254", "Repugnancy", "Retrospective Legislation", "Validating Legislation", "Separation of Powers", "Judicial Review of Legislative Acts", "Property Rights"]

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