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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
A. Muthuramalingam & Another - Appellants
Versus
The Project Director, Tanjore & Another - Respondents
Writ Petition Nos. 28514 & 28517 of 2019 & W.M.P. Nos. 28238 & 28241 of 2019
Decided On : 03-10-2019
Land Acquisition - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 105 - National Highways Act, 1956 - [LAND ACQUISITION] - [RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 - SECTION 105, NATIONAL HIGHWAYS ACT, 1956] - The court discussed the application of Section 105 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which exempts certain special acts, including the National Highways Act, from the purview of the 2013 Act, except with reference to compensation in certain circumstances. The court also highlighted the government's order extending the benefits of the 2013 Act to landowners whose lands are acquired under the National Highways Act, emphasizing the principle of fair and adequate compensation for land acquisition.
Fact of the Case:
The petitioners challenged the award issued for the acquisition of their lands under the National Highways Act, contending that the acquisition proceedings should be quashed due to non-compliance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Finding of the Court:
The court dismissed the writ petitions, stating that the provisions of the 2013 Act relating to compensation and rehabilitation and resettlement apply to land acquisition under the National Highways Act, and any dissatisfaction with compensation awarded can be appealed under the National Highways Act.
Issues: The issues revolved around the applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to land acquisition under the National Highways Act, and the adequacy of compensation awarded.
Ratio Decidendi: The court held that the provisions of the 2013 Act relating to compensation and rehabilitation and resettlement apply to land acquisition under the National Highways Act, and inadequacy of compensation or violation of procedure cannot be grounds to quash the acquisition proceedings.
Final Decision: The writ petitions were dismissed, and the court found no merit in the petitioners' claims.
ORDER :
(Prayer in W.P.No.28514 of 2019: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Declaration, declaring the award dated 20.12.2016 issued by the 2nd respondent in Na.Ka.aa/N.H.-45C/1059/2013 has lapsed and null and void in respect of petitioner’s lands measuring an extent of land of 67 sq.mtr (721.18 sq.ft) situate in survey No.110/5, Panankuppam village, Villupuram Taluk & District and consequently forbear the respondents from disturbing the possession based in the lapsed award dated 20.12.2016 issued by the 2nd respondent in Na.Ka.aa/N.H.-45C/1059/2013 and pass orders.
W.P.No.28517 of 2019: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Declaration, declaring the award dated 20.12.2016 issued by the 2nd respondent in Na.Ka.aa/N.H.-45C/1059/2013 has lapsed and null and void in respect of petitioner’s lands measuring an extent of land of 297 sq.mtr (3196.88 sq.ft) situate in survey No.110/5, Panankuppam village, Villupuram Taluk & District and consequently forbear the respondents from disturbing the possession based in the lapsed award dated 20.12.2016 issued by the 2nd respondent in Na.Ka.aa/N.H.-45C/1059/2013 and pass orders.)
1. Heard the Learned Counsel for the Petitioners and the Learned Counsel for the Respondents.
2. The Two petitioners are owners of plots situated in S.No. 110/5 (old Survey No.110/2) at Panankuppam Village, Villupuram Taluk & District. According to the petitioners, the land in the above Survey number was plotted out and sold to various persons. The petitioner/R.Malathy Raghu in W.P.No.28517 of 2019 purchased plots bearing numbers 95 to 100 in the year 2002 and duly registered. Out of these 6 plots, she sold plot number 99 to the writ petitioner/A.Muthuramalingam in W.P.No.28514 of 2019 vide sale deed dated 14.01.2011.
3. The common grievance of these two writ petitioners are, on 16.09.2014, the 2nd respondent/District Revenue Officer, (Land Acquisition), Villupuram, published notification under Section 3 A of the National Highways Act for the purpose of formation of 4 way National Highways No.45–C, in respect of portion of their land and later published section 3-D(i) notification on 12.04.2015. Award was passed on 20.12.2016 by the 2nd respondent. It is contented that the award was not passed in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Hence, the acquisition proceedings has to be quashed, since the possession has not taken so far.
4. The Writ Petitions are misconceived. According to Section 105 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, any acquisition proceedings under the special acts mentioned in fourth schedule of the said act, the provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, will not apply to the said Special Act. The National Highways Act, 1956, is one of the special acts mentioned in fourth schedule and exempted from the purview of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, except with reference to compensation in certain circumstances.
5. Section 105 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 reads as below:
(2) Subject to sub-section (2) of section 106, the Central Government may, by notification, omit or add to any of the enactments specified in the Fourth Schedule.
(3) The Central Government shall, by notification, within one year from the date of commencement of this Act, direct that any of the provi
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