JUDGEMENT

2. Long ago, the State of Tamil Nadu chose to exercise its right of eminent domain to acquire land for its harijan welfare schemes, its industrial purposes and its highways by deviating from the law and procedure prescribed in the Central legislation, viz., ‘ The Land Acquisition Act, 1894 ’. In exercise of concurrent power under Entry 42 in List III of the Seventh Schedule to the Constitution of India, it enacted ‘ The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 ’; ‘ The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 ’; and ‘ The Tamil Nadu Highways Act, 2001 ’. These three State Digitally signed by Neetu Khajuria Date: 2023.05.09 17:27:13 IST Reason:

3. Pertinently, Section 105 of the new LA Act provided that the said legislation would not apply or would apply with modifications to the Central Government’s enactments relating to land acquisition, specified in the Fourth Schedule thereto. In an attempt to save the three State Acts, by taking a cue from Section 105 of the n