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As per prior approvals work carried out and being continued. Subsequent law comes in force requiring prior approval of some authority for particular class of work forming part of action necessary to achieve whole and which was carried out and being continued as per approval for whole granted earlier when no prior approval was necessary. eg. hill cutting for construction. hill cutting (part of whole work) required prior approval as per subsequent law. construction plan already approved earlier (whole work). Is subsequent law binding?

2007-11-14 16:31:14 · 3 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

3 answers

General rule of law is that any law subsequently enacted doesn't have retrospective effect but it comes in force from the date it is notified by the government after being passed by the legislature. There can be exception to this general rule where such an enactment is given a retrospective effect & it has to be applicable for any purpose for even those acts which are in progress as in your instant case. This exception is clearly mentioned in the new enactment & any effect it has to any job or work in progress which requires a prior approval has to be obtained from the authorities, but if this exceptional rule is not clearly mentioned in the enactment or the Act then it will be understood that this enactment or Act has only prospective effect i.e. it comes in effect from a date fixed by the government/authorities through proper notification. Just check the newly enacted law or the Act & read it properly to clarify this doubt about its effect on your work & take necessary action accordingly.

2007-11-14 17:26:01 · answer #1 · answered by vijay m Indian Lawyer 7 · 4 0

Subseqquent laws need not be retrospectivein these cases.

2007-11-14 17:18:20 · answer #2 · answered by geeyen 7 · 0 0

The jobs already in progress should be grandfathered in.

2007-11-14 16:34:21 · answer #3 · answered by Linda S 6 · 0 0

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