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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Government of India – Appellant
Versus
Bhajan Lal – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral)
1. This is a bunch of eight petitions. All these petitions are being disposed off by a common order as they involve same question of law in the backdrop of similar facts related to compulsory acquisition of land owned by respondents at the hands of petitioner/State.
2. The sole question involved in the present bunch of petitions is:
From which date the interest on compensation is payable to the land owner whose land has been acquired compulsorily invoking the provisions of National Highways Act, 1956 (hereinafter referred to as 'the 1956 Act')?
3. Counsel for the petitioner Highway Authority has relied upon judgment rendered by Division Bench of this Court in the case of 'M/s Golden Iron and Steel Forging vs. Union of India and others', 2011(4) RCR (Civil) 375 to submit that the land owners vis-a-vis acquisition proceedings under different statutes have to be dealt at par. He submits that it is on the said ground that Section 3J of the 1956 Act was struck down as ultra vires by Writ Court. He submits that once the parity between the acquisition proceedings under 1956 Act and that under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894
Acquisition of land – Constitutional guarantee of just compensation cannot be rendered contingent upon magnitude of financial burden – Mere escalation in projected liability, howsoever significant, d....
The compensation for land acquisition under the National Highways Act must include solatium and interest as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and....
The right to demand full acquisition under Section 94 of the 2013 Act applies to acquisitions under the National Highways Act, ensuring just compensation and rehabilitation for affected landowners.
Interest on enhanced compensation under the National Highways Act is payable from the date of notification under Section 3-D, affirming the government's immediate vesting of land.
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
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