These writ petitions are filed by persons whose land/building were acquired for the purpose of National Highway under the National Highways Act, 1956. The petitioners' case is that they were denied solatium and interest applicable in the case of acquisition of land under the Land Acquisition Act, 1894 on account of the operation of Sections 3G(5) and 3J of the National Highways Act, 1956. The petitioners have also challenged the vires of Sections 3G(5) and 3J of the National Highways Act. Though several grounds of challenge are raised in these writ petitions, learned counsel for the petitioners confined their claim to solatium and interest based on the Land Acquisition Act, 1894.

2. The brief facts involved in these cases are as follows:

The petitioners in all these writ petitions are evictees by virtue of acquisition of land for the purpose of National Highway at various places in Thrissur and Ernakulam Districts. They were given compensation and are not satisfied with the determination of compensation for the reason that solatium and interest were denied to them.

3. Learned counsel for the petitioners, Sri.K.G. Balasubramanian, placing reliance on a large number of judicial precedents, argued in extenso and submitted that the provision contained in the National Highways Act which makes the Land Acquisition Act not applicable to the acquisition made under the National Highways Act as violative of equal protection guaranteed under Article 14 of the Constitution of India.

4. The learned Government Pleader, Shri K.R.Vinod submitted that when a special enactment is made exclusively for a purpose, the claim for compensation can be considered only under that one enactment and not under the two Acts.

Therefore, it is argued that without challenging the National Highways Act, the petitioners cannot get compensation under the Land Acquisition Act.

5. A brief history on the enactment of the National Highways Act and the Land Acquisition Act seems necessary at this juncture. The Land Acquisition Act was an enactment made in British India for the acquisition of land for public purpose and also for companies. The scheme of the Act, in general, prescribes the procedure for acquisition of land and also for determining the amount of compensation to be paid on account of such an acquisition. Perhaps, it can be called as a general enactment for land acquisition in the country. Apart from bringing about some amendments to the Land Acquisition Act over the period of time, the States also have made separate Acquisition Act substantially based on the provisions of the Land Acquisition Act.

6. The National Highways Act was enacted by the Parliament in the year 1956 to provide for declaration of certain Highways to be National Highways. There was no provision for acquisition when the Act was originally made. Taking note of the importance of National Highway to connect the people in the country and to enable economic development, the Parliament thought it fit to envisage separate procedure for acquisition of land for National Highway and for determining the compensation payable. Therefore, the Parliament made certain amendments to the National Highways Act by incorporating certain provisions for acquisition of land for Highways and also for determining compensation. This was by way of the National Highways Laws (Amendment) Act, 1997 (16 of 1997) (w.r.e.f. 24.01.1997).

7. Learned counsel for the petitioners would submit that the denial of solatium and interest as applicable under the Land Acquisition Act is on account of applying Section 3J of the National Highways Act which states that “nothing in the Land Acquisition Act would apply to acquisition under the National Highways Act”. The petitioners raised a challenge regarding Section 3G of the National Highways Act with regard to the determination of the amount payable as compensation mainly fo