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may 2023

Supreme Court of India · 2023-05-09

C.S. GOPALAKRISHNAN vs THE STATE OF TAMIL NADU

Citation / case number
SC 2019/42522
Court
Supreme Court of India
Petitioner
C.S. GOPALAKRISHNAN
Respondent
THE STATE OF TAMIL NADU
Author
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Bench
HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE DINESH MAHESHWARI

Judgment text excerpt

The Supreme Court examined the validity of Tamil Nadu's land acquisition laws enacted under its constitutional powers, which deviated from the central Land Acquisition Act, 1894, and were subsequently rendered void after the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Court analyzed whether these State Acts, protected by Presidential assent, could stand in light of the new central legislation. The judgment highlights the conflict between state laws and central legislation, emphasizing the supremacy of the latter and the implications of Section 105 of the new LA Act.

C.S. GOPALAKRISHNAN vs THE STATE OF TAMIL NADU · Niyam