IMPORTANT POINT
Section 3G of the National Highways Act refers to the power of the competent authority as well as of the Arbitrator for the determination of compensation. The competent authority, as well as the Arbitrator, will have to follow the provisions of the First Schedule of Act 30 of 2013 while determining compensation under the National Highways Act.

JUDGMENT :

These matters are taken up together to decide a question on the application of provisions for the compensation and rehabilitation and resettlement under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “Act 30 of 2013”) in respect of the acquisition of land for National Highway under the National Highways Act, 1956. This Court disposed some of the writ petitions on the same question holding that the procedure as contained in Section 19 of Act 30 of 2013 will have to be followed while publishing declaration under Section 3D of the National Highways Act. Thereafter, review petitions were filed by the National Highway and the State Government. These review to the extent of dealing with the common issues as above have been taken up together along with other matters and being disposed by a common judgment.

2. Act 30 of 2013 has replaced the Land Acquisition Act, 1894, a general law related to the acquisition of land for public purposes. This Act was mainly replaced as the issues of rehabilitation and resettlement of affected persons were not adequately addressed in the Land Acquisition Act, 1894. Act 30 of 2013 on its implementation has become general law relating to the land acquisition. National Highways Act, 1956 is a special enactment which was in force at the time of enactment of Act 30 of 2013. National Highways Act was enacted for a speedy acquisition of land for National Highway. Taking note of the general feature of Act 30 of 2013, the Parliament left it to the discretion of the Central Government to decide whether provisions of Act 30 of 2013 should be applied for other special enactments like the National Highways Act as seen from Section 105 of Act 30 of 2013. The Parliament gave the Central Government one year time from the date of commencement of Act 30 of 2013 to take a decision on the applications of provisions related to the determination of compensation under the First Schedule of Act 30 of 2013; rehabilitation and resettlement specified in the Second Schedule and; the Third Schedule for its application under the special enactments.

3. Act 30 of 2013 came into force with effect from 1.1.2014. The Central Government was unable to take a decision within the time prescribed under Section 105 of the Act 30 of 2013. Thereafter, the Central Government invoking residuary power as conferred upon it under Section 113 of Act 30 of 2013 to remove any difficulty in giving effect to the provisions of Act 30 of 2013 issued an order on 28.8.2015. This order came into force with effect from 1.9.2015. The relevant portion of the said order reads thus:

“2. The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to all cases of land acquisition under the enactments specified in the Fourth Schedule to the said Act.”

4. The point to be considered in these writ petitions is how far and to what extent the aforenoted order would apply for acquisition under the National Highways Act.

5. The National Highways Act is a special enactment. It contains procedural and substantial provisions for determination of compensation. The object of the special enactment is to deviate from the general provisions and to have its own procedure for the determination of compensation. It refers to two-tier procedures for determination of compensation. First, by the competent authority and on the dispute by reference to the Arbitrator appointed by the Central Government. The competent authority is having wide power to determine compensation. The power to the corresponding authority under the Land Acquisition Act 1894 is limited and restricted.

6. Act 30 of 2013 cont