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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SESHASAYEE, J.
Etti Gounder & Others - Appellants
Versus
The District Collector, Namakkal & Others - Respondent
W.P. Nos. 697, 701, 716, 721, 722, 724, 725, 733, 744, 746, 747, 748, 980, 983, 985, 2774, 2779, 2782, 2787, 2798, 2802, 2804, 2806, 2808, 2809, 2818, 2821, 2824, 2826, 2827, 3031, 3052, 3054, 3055, 3058, 3060, 3062, 3063, 3065, 3067, 3264, 3265, 3267, 3270, 3272, 3273, 3275, 3277, 3278, 3279, 3599, 3600, 3610, 3612, 3614, 3618, 3621, 3626, 3630, 3632, 3635, 3638, 3640, 3643, 3646, 3649, 3651, 3654, 4158, 4162, 4169, 4181 of 2021 & 3323 of 2020 & WMP. Nos. 775, 3136, 3157 of 2021
Decided on : 04-10-2021
Constitution of India,1950 – Article 14,136 ,141 and 226 - Land Acquisition Act, 1894 - Section 23(1), 23(2) - Section 3A(1) of National Highways Act, 1956 - Section 3A(1),3-G,3-G(7) - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Land – Tax – Levy – Claim for refund - A travel through lane of legislative history may help capturing the setting in which petitioners rest their cause for present action - President of India promulgated National Highways Laws (Amendment) Ordinance, 1997 by which Sections 3-A to 3-J were inserted into National Highways Act, 1956 - These provisions provide for a mechanism for speedy acquisition of land for the construction of national highways and also for a speedier resolution of disputes relating to determination of compensation through a mechanism of statutory arbitration as contemplated in Section 3-G of Act - Imported only the elements of Section 23(1) of the L.A Act for determination of compensation, Sec. 3-J had the effect of excluding benefit of additional compensation under Section 23 (2) statutorily computed at 30% of the market value (commonly known as ‘solatium’, and hence would be referred to as such in this order) and interest under Section 28 of Land Acquisition Act - Whether relief from an assessment of tax made under an unconstitutional provision would have to be pursued through mechanism under Act or by way of a civil suit – Held, to contend that the conclusion reached in such a case as to the validity of a levy would apply only to the parties before the Court is to destroy the efficacy and integrity of the judgment and to make the mandate of Article 141 illusory - When main judgment of High Court has been rendered ineffective, it (sic the judgment of the Supreme Court) would be applicable even in other cases, for exercise to bring those decisions in conformity with the decisions of Supreme Court will be absolutely necessary - Viewed from that angle, court find this contention to be futile and it deserves to be rejected - It ought to have been an easy travel to destination - But the NHAI with its set of pleas has made the process a bit tedious - But it is well within its right to do what it has done - This Court appreciates all the counsel and amicus curiae for making this journey intellectually engaging - Writing is on the wall - All the writ-petitions will stand allowed - Consequently, all the connected miscellaneous petitions are closed.
JUDGMENT :
(Prayer in WP.No.3323 of 2020: Writ Petition filed under Article 226 of the Constitution of India, praying to direct the respondents to compute and pay to the petitioners for acquisition of their lands measuring 4000 sq.mts., in Survey No.44/1B, Annathanapatti Village covered under Award of the 6th respondent dated 27.06.2008 in R.O.C.No,1299/2008 (A2) as modified by the arbitral award of the 5th respondent dated 08.11.2012 in NH.No.47 Aa.Va.No.554/B2, the benefits under Section 23(1A), 23(2), and the proviso to Section 28 of the Land Acquisition Act, 1894.
WP.Nos.697, 701, 716, 721, 722, 724, 725, 733, 744, 746, 747, 748, 980, 983, 985 of 2021 : Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents herein to pay solatium amount at 30% as per Section 23(2) of the Land Acquisition Act, 1894 and an additional amount at 12% as per Section 23(1-A) of the said Act, 1894 from the date of notification under Section 3A(1) of National Highways Act, 1956, to the date of award for the compensation amount as enhanced by the first respondent i.e., 369.42 per sq.mtr., 180.06 per sq.mtr., together with interest at the rate of 9% per annum for one year from the date of possession and thereafter at 15% per annum till the date of realization as per Section 28 of the said Act, 1894 for the said enhanced compensation, solatium and additional market value in respect of the petitioner’s land situated at Pappinaickenpatti Village, Namakkal Taluk and District, comprised in Survey Nos.3/6, 10/1, 33/3B, 33/3C, 34/1G2, 1/3A2B3, 3/1B1, 34/3B2B2, 4/1E, 80/8, 8/1B3, 128/1, 130/3E1, 3/5, 4/1A, 4/1C, 3/7A, 80/6B, 80/7, 80/6A, 80/5, 130/2A, 130/1B, acquired for the purpose of widening four lane of National Highways No.7 in line with the judgment of the Hon’ble Supreme Court of India in the case of Union of India Vs. Tarsem Singh by considering the petitioner’s representation dated 12.08.2020, 18.08.2020 respectively and to pass orders.
WP.Nos.2774, 2779, 2782, 2787, 2798, 2802, 2804, 2806, 2808, 2809, 2818, 2821, 2824, 2826, 2827, 3031, 3052, 3054, 3055, 3058,3060, 3062, 3063, 3065, 3067, 3264, 3265, 3267, 3270, 3272, 3273, 3275, 3277, 3278, 3279, 3599, 3600, 3610, 3612, 3614, 3618, 3621, 3626, 3630, 3632, 3635, 3638, 3640, 3643, 3646, 3649, 3651, 3654 of 2021 : Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents herein to pay solatium amount at 30% as per Section 23(2) of the Land Acquisition Act, 1894 and an additional amount at 12% as per Section 23(1-A) of the said Act, 1894 from the date of notification under Section 3A(1) of National Highways Act, 1956, to the date of award for the compensation amount as enhanced by the first respondent i.e., 122.25 per sq.mtr., for Phase-I and 323.07 per sq.mtr., for Phase-II respectively together with interest at the rate of 9% per annum for one year from the date of possession and thereafter at 15% per annum till the date of realization as per Section 28 of the said Act, 1894 for the said enhanced compensation, solatium and additional market value in respect of the petitioner’s land situated at Sellappampatti Village, Namakkal Taluk and District, comprised in Survey Nos.137/4B1, 137/2C1, 139/2AD, 105/3A, 21/5, 21/8F, 78/1C, 21/8A, 137/4B3, 105/3A, 58/2D, 75/2B1, 104/3A, 75/2B2, 75/1B, 109/4, 78/1D, 107/1C, 107/1D1, 107/2A, 107/2C1, 107/2B1, 108/2, 78/1B, 137/4C, 137/6B, 65/5, 104/2A, 109/4, 139/2A2, 139/2B, 139/2C3, 107/1F3, 107/2D, 107/2E, 65/5, 104/3A, 65/5, 137/5A, 137/2D1, 105/3E, 71/8B, 104/2G, 87/3, 87/2, 68/2B, 104/3B, 71/8A, 105/3A, 21/1A, 21/8B, 105/3A, 109/2, 109/1B, 109/1K, 109/3A, 109/3C, 139/2AE, 139/2P, 139/2AC2, 139/2A1, 139/2C3, 69/2A2, 69/2B2, 103/2B, 75/1B, 65/5, 142/3A, 142/3C, 73/6, 73/5C, 75/2A, 75/3, 69/1, 71/5, 59/6B, 71/1, 65/4B, 71/2,
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