CAV JUDGMENT

(PER : HONOURABLE MR. JUSTICE ANANT S. DAVE  & HONOURABLE MR. JUSTICE BIREN VAISHNAV)

The respondent National High Speed Railway Corporation Limited (NHSRCL), a Special Purpose Vehicle formed by the Ministry of Railways has undertaken construction and implementation of the Mumbai – Ahmedabad High Speed Rail Project (Bullet Train) which is expected to cover 508 kms between Mumbai and Ahmedabad. The petitioners before us are agriculturists who have challenged the acquisition of their lands for the aforesaid project.

The petitioners have inter alia challenged the validity of Section 10A of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [Gujarat Amendment] Act, 2016 enacted by the Legislature of the State, inter alia, providing for exemption from Chapter-II and Chapter-III of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Apart from the aforesaid challenge to the legality and validity of the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [Gujarat Amendment] Act, 2016, the petitioners have also prayed for declaring the preliminary notification dated 09.04.2018 issued under sub- section (1) of Section 11 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the ground of it being violative of fundamental rights, illegal, arbitrary, violative of Articles 14, 19, 21 and 300A of the Constitution of India and hence unconstitutional.

With this preface, we proceed to pen down our views on the entire controversy in question which has been heard and decided pursuant to lengthy and exhaustive arguments by learned advocates for both the sides and voluminous materials on records.

PART - I

1. Since all these petitions arise out of common questions of facts and law, they are being considered and decided by this common judgement. The petitions so filed are seeking the following prayers (For the sake of brevity and convenience, we reproduce the prayers sought for in Special Civil Application No. 9864 of 2018):-

“A. Be pleased to declare the preliminary notification issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat) Act, 2013 by the respondent State and annexed to the present petition at ANNEXURE-A as being in contravention of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and thus is illegal, arbitrary, violative of Articles 14, 19, 21 and 300A of the Constitution of India and hence unconstitutional And Be Further Pleased to quash and set aside the preliminary notification dated 9 th April 2018 issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by the respondent State and annexed to the present petition at ANNEXURE-A.

B. Be pleased to direct respondent Special Land Acquisition Officer/Collector, District Bhavnagar to immediately initiate the revision and updation of the market value for the District Surat following the mandate of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 r/w the provisions of the Bombay Stamp Act, 1958 and not to permit/restrain the respondent Special Land Acquisition Officer /Collector from initiating/proceeding further for land acquisition proceedings for the Mumbai Ahmedabad High Speed Rail Project until the process of revision and updation of market value is complete as per the statutory norms and rules and following the mandate of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

C. Be pleased to hold that the preliminary notification issued by the respondent State