Provisions related to solatium and interest in the Land Acquisition Act are applicable for National Highways acquisitions, and Section 3J is unconstitutional as it violates Article 14.

JUDGMENT

The Apex Court in Union of India and Another v.

Tarsem Singh and Others [ (2019) 9 SCC 304 ] held thus:

“We therefore declare that the provisions of the Land Acquisition Act relating to solatium and interest contained in Section 23 (1A) and (2) and interest payable in terms of section 28 proviso will apply to acquisitions made under the National Highways Act . Consequently, the provision of Section 3J is, to this extent, violative of Article 14 of the Constitution of India and therefore, declared to be unconstitutional.”

2. Relying on the said judgment and claiming interest on solatium in terms thereof, the petitioners have submitted Exts.P4 and P4(a) representations which are pending consideration before the 2nd respondent. In similar matters, which came up for consideration before this Court in W.P.(C).Nos.16794 and 25134 of 2020 and connected matters, this Court had directed the Special Deputy Collector to consider the representations, with notice to the third respondent. The same course is adopted in the present case also.

The writ petition is disposed of directing the 2nd respondent to consider the representations filed by the petitioners, in the light of the judgments referred to supra, after hearing the petitioners as well as the 3rd respondent. Orders shall be passed as expeditiously as possible and at any rate, within a period of six months from the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN

JUDGE

rsr

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPORTIONMENT OF COMPENSATION IN LAC NO.873/2009 EXHIBIT P1(A) TRUE COPY OF LAC PROCEEDINGS NO.485/2009.

EXHIBIT P2 TRUE COPY OF THE AWARD DATED 23.03.2013 IN AWARD NO.177/2013 IN LAC NO.873/2009 AGAINST EXT P1.

EXHIBIT P2(A) TRUE COPY OF THE AWARD DATED 06.06.2013 IN AWARD NO. NO566/2013 IN LAC NO.485/2009.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 25.08.2020 IN WP(C) NO.17044/2020.

EXHIBIT P4 TRUE COPY OF THE PETITION DATED 13.08.2020 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4(A) TRUE COPY OF THE PETITION DATED 22.08.2020 FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION FORWARDED TO KUTTAPPAN ACHARI FROM SPL DEPUTY COLLECTOR LAC 116/09/A6 DATED 10.12.19 EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 18.02.2020 IN WA NO.1442/2019.

EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS/ORDER NO.

LAC.783/2009 DATED 22.02.2020.