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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Khengarbhai Visabhai Chavda – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioners challenge the constitutionality of certain sections. (Para 1) |
| 2. section 3j of the national highways act deemed unconstitutional. (Para 2) |
| 3. definitions and implications of solatium and compensation. (Para 3) |
| 4. analysis of article 14 and discrimination in compensation. (Para 4) |
| 5. implementation and verification of financial awards. (Para 5 , 6 , 7) |
ORDER :
SUNITA AGARWAL, CJ.
1. At the outset, learned counsel for the petitioners would state that the petitioners want to maintain the writ petition in so far as the challenge to the validity of the provisions of Sections 3G(5) and 3G(6) of the NATIONAL HIGHWAYS ACT , 1956 being unconstitutional.
2. In so far as the challenge to Section 3J of the NATIONAL HIGHWAYS ACT , the issue raised in the present set of writ petitions filed in the year 2017 are about the validity of Section 3J of the NATIONAL HIGHWAYS ACT ,1956, which has been held unconstitutional by the Apex Court in the case of Union of India and another vs. Tarsem Singh and others, (2019) 9 SCC 304 . The Apex Court while holding Section 3J as ultra vires, made the following observations:-
“11. Before embarking on a discussion as to the constitutional v
The exclusion of solatium and interest in compensation for land acquisition under the National Highways Act is unconstitutional, violating Article 14's guarantee of equality under the law.
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Sections denying solatium and interest to landholders under the National Highways Act are unconstitutional; landowners are entitled to these benefits as per recent Supreme Court ruling.
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Acquisition of land – Constitutional guarantee of just compensation cannot be rendered contingent upon magnitude of financial burden – Mere escalation in projected liability, howsoever significant, d....
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