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    <title>2009 (7) TMI 1302 - Supreme Court</title>
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    <description>The Kerala land-restoration statute was analysed as a measure within State competence over land and agricultural land, with colourable legislation rejected because invalidity depends on lack of power, not legislative motive. Earlier writ directions were treated as requiring statutory implementation only; they did not create an indefeasible vested right before the restoration process and compensation requirements were completed. The statute&#039;s altered rehabilitation-based scheme was upheld against Articles 14 and 21 challenges in substance, and repeal did not automatically revive the earlier law in full under general repeal principles. The Court also drew a constitutional distinction between agricultural and non-agricultural land, limiting the later enactment&#039;s effect where it could not validly displace prior protection.</description>
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    <pubDate>Tue, 21 Jul 2009 00:00:00 +0530</pubDate>
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      <title>2009 (7) TMI 1302 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=188800</link>
      <description>The Kerala land-restoration statute was analysed as a measure within State competence over land and agricultural land, with colourable legislation rejected because invalidity depends on lack of power, not legislative motive. Earlier writ directions were treated as requiring statutory implementation only; they did not create an indefeasible vested right before the restoration process and compensation requirements were completed. The statute&#039;s altered rehabilitation-based scheme was upheld against Articles 14 and 21 challenges in substance, and repeal did not automatically revive the earlier law in full under general repeal principles. The Court also drew a constitutional distinction between agricultural and non-agricultural land, limiting the later enactment&#039;s effect where it could not validly displace prior protection.</description>
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      <pubDate>Tue, 21 Jul 2009 00:00:00 +0530</pubDate>
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