Property and Law on Land Acquisition

_*Property and Land Acquisition - Land Acquisition Act, 1894 - Repeal of Acts - Incorporation by Reference - Effect Explained* - "It cannot be construed that the  Metro Railways (Construction of Works) Act, 1978 is a special Act, of such a nature, that *with the enactment of the said Act the general law in Land Acquisition Act, 1894 would get obliterated and automatically repealed* so far as acquisition of land for the purpose of Metro Railways is concerned" - "Wherever a particular State Act incorporates the provision of the Land Acquisition Act, 1894 by way of reference or by way of incorporation by the legislation, the *provisions of the Land Acquisition Act, 1894 automatically become applicable* for the purpose of carrying out the object of the said particular State Act but wherever such power is not given *there is no bar for taking recourse to any of the Acts which are available* on the subject."_

Citation : *Shanta Talwar versus Union of India [2011] GCtR 6615 (SC)*

Bench Strength : *2*