VidhiSangh

Supreme Court of India · 29/06/2021

G. MOHAN RAO & ORS. versus STATE OF TAMIL NADU & ORS.

[2021] 6 S.C.R. 281 · 2021 INSC 311

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Landowners challenged Tamil Nadu's 2019 legislation reviving three land-acquisition enactments previously held repugnant to the central 2013 Act. The Supreme Court upheld the revival and validation law: the State had legislative competence, enacted substantive changes, obtained fresh Presidential assent and validly operated retrospectively from 26 September 2013. This removed the basis of the earlier judgment rather than legislatively overruling it. The Court confined its decision to that validating exercise and left other constitutional challenges to the underlying acquisition laws open.

Issues

  1. Whether the 2019 revival and validation law impermissibly overruled the High Court judgment.
  2. Whether fresh Presidential assent and referential re-enactment satisfied Article 254(2).
  3. Whether retrospective commencement before the central law's assent recreated repugnancy.

Provisions considered

Held

Result

Writ petitions dismissed without costs; the 2019 revival and validation Act upheld within the limited enquiry, with other constitutional challenges to the underlying State enactments left open.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 281.