AI Overview...
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Applicability of the Land Acquisition Act 2013 to National Highway acquisitions - Multiple sources confirm that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) applies to land acquisitions for National Highways. Courts have held that provisions of the 2013 Act are applicable to ensure fair compensation and procedural transparency, even when the National Highways Act, 1956, is also involved Sudheer Kumar V. V. , S/O. Late Achuthan Vydier VS National Highways Authority Of India (Ministry Of Road Transport And Highways) - Kerala, KESAVAN.G vs The Union of India - Madras, SREEJITH S. Vs UNION OF INDIA, - Kerala, SUJITH PADINJAREKANDY Vs THE UNION OF INDIA - Kerala.
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Procedural compliance and exceptions - While the RFCTLARR Act generally applies, some judicial rulings suggest that certain procedural aspects of the National Highways Act, 1956, particularly under Section 105(3) and Schedule 4, may not be strictly required for land acquisition processes, especially concerning land acquisition procedures and compensation determination G. C. Thippeswamy S/o Gowdra Chennappa VS Union of India Represented by its Secretary Ministry of Surface Transport - Karnataka, SUDARSHANAN Vs UNION OF INDIA, - Kerala.
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Legal challenges and interpretations - Courts have examined whether the provisions of the 2013 Act override or supplement the National Highways Act, 1956. The consensus is that the 2013 Act's provisions, especially regarding fair compensation, resettlement, and transparency, are applicable to land acquired for National Highways, and in some cases, the 2013 Act's applicability is explicitly upheld Sudheer Kumar V. V. , S/O. Late Achuthan Vydier VS National Highways Authority Of India (Ministry Of Road Transport And Highways) - Kerala, KESAVAN.G vs The Union of India - Madras, SREEJITH S. Vs UNION OF INDIA, - Kerala.
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Main conclusion - The Land Acquisition Act 2013 applies for compensation under the National Highways Act 2013, ensuring that the principles of fair compensation, transparency, and resettlement are adhered to in land acquisitions related to National Highways. Courts have reinforced the applicability of the 2013 Act, although specific procedural nuances of the older Act may not always be strictly enforced Sudheer Kumar V. V. , S/O. Late Achuthan Vydier VS National Highways Authority Of India (Ministry Of Road Transport And Highways) - Kerala, KESAVAN.G vs The Union of India - Madras.
References: - G. C. Thippeswamy S/o Gowdra Chennappa VS Union of India Represented by its Secretary Ministry of Surface Transport - Karnataka - Sudheer Kumar V. V. , S/O. Late Achuthan Vydier VS National Highways Authority Of India (Ministry Of Road Transport And Highways) - Kerala - KESAVAN.G vs The Union of India - Madras - NATIONAL HIGHWAYS AUTHORITY OF INDIA vs SRI ABDUL GAFOOR KOTEKAR - Karnataka - SUDARSHANAN Vs UNION OF INDIA, - Kerala - National Highways Authority Of India VS Abdul Gafoor Kotekar S/o Haji Sheik Hussain Saheb - Karnataka - Roshanbi Aziz Motiwala Through POA Mr. Iliyas Aziz Motiwala VS Union of India - Bombay - SREEJITH S. Vs UNION OF INDIA, - Kerala - SUJITH PADINJAREKANDY Vs THE UNION OF INDIA - Kerala - NALINI E vs UNION OF INDIA - Kerala
Search Results for "Land Acquisition Act 2013 Applies for Compensation under National Highway Act 2013"
2018 0 Supreme(Kar) 147 • India - Karnataka
VINEET KOTHARI
NO. 30/2013] - Section 105(3), Schedule 4 – Acquisition of land for purpose of National Highway - Ground of not following procedure ... NATIONAL HIGHWAYS ACT, 1956 [C.A. ... No. 48/1956] - Sections 3-A, 3-D - Acquisition of land for purpose of National Highway - Challenge as to on ground of not following ... Act of 2013 applies#HL_END....
2024 0 Supreme(Ker) 297 • India - Kerala
T. R. RAVI
Resettlement Act, 2013 - Section 94 - Land acquisition for National Highway expansion - Petitioners challenged partial acquisition ... (A) National Highways Act, 1956 - Section 3-J; Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and ... (Paras 1, 4) ... ... Findings of Court: ... The court ruled that Section 94 appli....
2025 Supreme(Online)(Mad) 30991 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, G.ARUL MURUGAN
(A) National Highways Act, 1956 - Sections 3-A, 3-D, and 3-G - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ... National Highways Act as unconstitutional, arguing non-compliance with the 2013 Act - Court held that provisions of the National ... Act can be invoked to ensure that beneficial provisions are applied#HL_END....
2024 Supreme(Online)(Kar) 45961 • India - Karnataka High Court
H.P. SANDESH, J
(A) National Highways Act, 1956 - Sections 3A, 3G(5), 3H(5) - RFCTLARR Act, 2013 - Compensation for land acquisition - The Arbitrator ... for land acquired for National Highway widening, with disputes over the applicability of the RFCTLARR Act and the correctness of ... the award, applying the provisions of the RFCTLARR Act, 2013, which were de....
2020 Supreme(Online)(KER) 39101 • India - High Court of Kerala
A. Muhamed Mustaque, J
2013 apply to National Highway land acquisitions, but procedural aspects of Act 30 need not be complied with. ... and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 regarding land acquisition for National Highways ... Act, 2013; National Highways#HL_END....
2024 0 Supreme(Kar) 572 • India - Karnataka
H. P. SANDESH
(A) National Highways Act, 1956 - Sections 3A, 3G(5), 3H(5) - RFCTLARR Act, 2013 - Applicability of new enactment to compensation ... for land acquired for National Highway widening, with disputes over the applicability of the RFCTLARR Act and the correctness of ... ... ... Ratio Decidendi: The court ruled that the RFCTLARR Act applies to the case, and the Arbitrator's decision....
• India - Bombay
G. S. KULKARNI, SOMASEKHAR SUNDARESAN
Act after their land was acquired for a national highway. ... 105(3) - National Highways Act, 1956 - Applicability of the 2013 Act to land acquisition under the NH Act - Petitioners claimed ... (A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, ....
2020 Supreme(Online)(KER) 10006 • India - High Court of Kerala
A. Muhamed Mustaque, J
, Rehabilitation and Resettlement Act, 2013, regarding land acquisition for a National Highway. ... and Resettlement Act, 2013, must be adhered to when determining compensation under the National Highways Act. ... 30 of 2013 regarding compensation and resettlement while allowing the National Highways #HL_STAR....
2021 Supreme(Online)(KER) 41168 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Issues: Whether Section 94 of Act 30 of 2013 applies to acquisitions under the National Highways Act and the determination ... of 2013 does not apply to land acquisitions under the National Highways Act, emphasizing the distinct procedural requirements for ... Acquisition - Writ Petition - National Highways ....
2024 Supreme(Online)(KER) 17590 • India - High Court of Kerala
T. R. Ravi, J
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , read with Section 3-G(7) of the National Highways Act, 1956 .
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