The court affirmed that the provisions of the National Highways Act remain valid, and the 2015 Order under Section 113(1) effectively extends the 2013 Act's benefits to land acquisition under the Fourth Schedule, despite the lack of a timely notification under Section 105(3).

ORDER :

R. SURESH KUMAR, J.

Though these three writ petitions were filed independently by three different writ petitioners, in view of the prayer that has been sought in these writ petitions which is one and the same and the issue raised in these writ petitions is a common one, all these three writ petitions were heard together and are disposed of by this common order.

2. The facts in nutshell which are required to be noticed for the disposal of these writ petitions are as follows :

(i) The first respondent had issued a notification under Section3-(A)(1) of the National Highways Act, 1956, in short “the Highways Act” in the Gazette of India Publication, dated 24.09.2020 for the intention of the Government to acquire land for laying or expansion of four lane in National Highways 744.

(ii) Subsequently, notification under Section 3-(D)(1) and (2) of the Highways Act was published in the Gazette of India dated 29.01.2021 and the notice under Section 3-(G)(3) of the Highways Act also have been published in the newspaper on 19.02.2021.

(iii) In order to challenge all these notifications, these writ petitioners had chosen to file these writ petitions, however with the prayer primarily to seek to declare the various provisions of the Highways Act insofar as relating to land acquisition are concerned as well as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Removal of Difficulties) Order 2015, dated 28.08.2015 issued by the first respondent under Section 113(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, herein after referred to as “the 2013 Act” are unconstitutional and void.

(iv) Therefore with these prayers of writ of declaration to seek declaration of those provisions of the Highways Act as well as the28.08.2015 order issued by the Central Government as null and void and also the consequential prayers to quash the notification issued by the first respondent under Section 3-(A)(1) and the notification issued under Section 3-(D)(1) and (2) and Section 3-(G)(3) under the Highways Act of the first respondent all these writ petitions were filed.

3. The challenge that has been made in these writ petitions, according to the petitioners counsel Mr.N.Subramaniyan and Ms.R.Vidhya, are in two fold.

4. In the first fold, the challenge is in respect of the provisions of the Highways Act, i.e., from Sections 3-A to 3-J which are all the provisions relates to land acquisition available in the Highways Act. The second fold of the challenge relates to various notifications issued by the first respondent under Section 3-A(1), 3-D(1) and (2) and 3-G(3) of the Highways Act.

5. In respect of the first fold of the challenge, the ground raised by the petitioners is that, Section 3-A to 3-J of the Highways Act get lapsed or repealed on 01.10.2015 as the first respondent failed to place any draft notification before Parliament, got it approved and notified as amended provided under Section 105(3) r/w 105(1) of the 2013 Act.

6. The grounds urged on behalf of the petitioners to make the challenge of the first fold is that, Section 105(3) of the 2013 Act provided for issuing notification to make the provisions of the Act relating to the determination of the compensation, rehabilitation and resettlement applicable to cases of land acquisition under the enactments specified in the Fourth Schedule to the 2013 Act.

7. Such a notification since have to be issued by the Central Government within a period of one year from the date of the 2013 Act, comes into force and the 2013 Act came into force from 01.01.2014, therefore on or before 31.12.2014, such a notification under Section 105(3) of the 2013 Act should have been issued. Since the same has not been issued and even the 2013 (Amendment) Ordinance 2014, i.e., Ordinance (9 of 2014) though was promulgated on 31.12.2014, amending Section 105 of the 2013 Act to extend the provisions of the Act relating