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2020 Supreme(Ker) 626

A.MUHAMED MUSTAQUE
Sreejith S. , S/o. B. Suranjayan – Appellant
Versus
Union of India, Represented by Secretary, Ministry of Road Transport and Highways – Respondent


Advocates Appeared:
For the Petitioners: Sri. P.A. Mohammed Shah, Shri Aswin Kumar M. J., Smt. Helen P.A., Shri Mohamed Musthafa A.K., Shri Muhammed Janaise V.
For the Respondents: Shri. P. Vijayakumar, ASG of India, Smt. I. Sheela Devi, CGC, Government Pleader, Sri. K.A. Salil Narayanan.

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

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