October 16, 2019 10:23 PM

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SC to pronounce order on Oct 23 on plea for recusal of Justice Mishra from Land Acquisition Case

<span style="color: #222222;">The Supreme Court today said that it will pronounce order on 23rd of this month on a plea seeking recusal of Justice Arun Mishra from the 5-judge Constitution bench which is hearing a challenge to the validity of provisions related to compensation in the Land Acquisition Act.</span><br />'' <span style="color: #222222;"><br />'' The bench, also comprising Indira Banerjee, Vineet Sharan, M R Shah and S Ravindra Bhat, concluded the hearing on the plea made by various farmers associations and private individuals seeking the recusal of Justice Mishra.</span><br />'' <span style="color: #222222;"><br />'' Senior advocate Shyam Divan and other counsels appearing for various farmer associations and individuals said that Justice Mishra should recuse himself from hearing the matter as he was part of the verdict pronounced last year in which he has expressed his mind.</span><br />'' <span style="color: #222222;"><br />'' They sought his recusal on the ground of judicial propriety saying that the bench is examining the correctness of the verdict which was also authored by him.</span><br />'' <span style="color: #222222;"><br />'' Justice Mishra was part of the verdict in February last year which held that land acquisition by a government agency could not be quashed for the delay on the part of landowners in accepting compensation within five years due to reasons such as lingering court cases.</span><br />'' <span style="color: #222222;"><br />'' In 2014, another verdict had held however that land acquisition can be quashed on account of the delay in accepting the compensation.</span><br />'' <span style="color: #222222;"><br />'' On March 6 last year, the apex court had said that a larger bench would test the correctness of the verdicts delivered by these two benches of similar strength on the same issue.</span><br />''  <br />

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