Provision of Article 2 of P0 90 of 1972 explained and held that suit u/s. 24(4) of the State Acquisition Act does not fall within the ambit of the provision of Article 2 of the Order.
From the provisions of Art. 2 of the President’s Order No. 90 of 1972 it does not appear that they contain any prohibition against the enforcement of any right as can be claimed under the provisions of Article 2 of P0 90 of 1972. Under the provisions of Article 2 of the Order all legal proceedings whether in the form of suits, appeals or applications which challenged the legality or validity of the State Acquisition and Tenancy Act, 1950 including any amendments thereto or the acquisition of any property made under any provision thereto were to abate. Further, if any order of injunction or interlocutory order has been made in such legal proceeding they were not to have any effect. No fresh legal proceeding challenging the legality or validity of any such law or acquisition can also be started. M/s. Farmers & Co. Vs. Govt. of Bangladesh (1978) 30 DLR (SC) 123.