LAND ACQUISITION ACT, 2013 & NATIONAL

HIGHWAYS ACT, 1956 GO HAND IN HAND

“You forget that the fruits belong to all and that the land belongs to no one.”

Jean-Jacques Rousseau

History shows that land as immovable property is of utmost importance to humankind

since ages and there’s no doubt about it in present & future otherwise we won’t be
having plethora of land cases in the lap of our judiciary. One can belong to land but the
land may not belong to him in perpetuity because of the land acquisition activities
carried on by our Government under various statues in pursuance of achieving our
constitutional goals of developed Nation.

In India the Right To Fair Compensation And Transparency In Land Acquisition,

Rehabilitation And Resettlement Act, 2013 Act 2013 (New Land Acquisition Act)
populary known as LARR Act is a general law related to acquisition of land for public
purposes whereas National highways Act 1956 is a special law related to acquisition of
land only for building, maintenance, management or operation of National Highways.
Acquisition of land for National Highways also serves public purpose however the intent
of legislature to keep the law separate in relation to acquisition of land for national
highways and for other public purposes is to give special wheels to the coach of
national highway which plays very important role in running the train of developing
India.

Before Right To Fair Compensation And Transparency In Land Acquisition,

Rehabilitation And Resettlement Act, 2013 land for public purposes was acquired under
the Land Acquisition Act of 1894 which was inapplicable to National Highways act 1956
by virtue of Section 3J OF NHAI act. The compensation given under the land acquisition
act of 1894 and National highway act were calculated in different manner and the
compensation granted under the former act was higher as compared to latter act which
in course of time sows the seed of inequality among land losers. Land Acquisition act
also provides for grant of solatium and other benefits whereas National highway act
does not provided any such benefit.

The Golden Judgement for landowners

In the case of Golden Iron and steel forging v U.O.I the issue of difference in
compensation was finally dealt by Hon’ble High court of Punjab And Haryana in 2006 by
civil writ petition under article 226 by contending violation of fundamental right of
equality under Art- 14. The petitioner argues that there is no reasonable class
differentiation between different compensation granted to different landowners based
upon different public purpose. The court observed that there should be no
distinction between the public purpose underlying the impunged statues and no
difference between landowners who are diversted of their property under Land
acquisiiton act 1894 and National Highway act. Section 3-J and 3-G are violative
of article 14 of the constitution of India and hence unconstitutional. Section 23
and 28 of land aquisition act 1894 is applicable to land acquired under National
Highway act. Landowners under National Highway Act can claim solatium &
interest. The judgement was upheld by Hon’ble Supreme Court of India.

The judgement given in Golden Iron and steel forging v U.O.I open the gates to benefit
for the land owners whose land were acquired by National Highway Authority of India.
However this gates were partially closed by enactment of Right To Fair Compensation
And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (New
Land Acquisition Act) by incorporating section 105 in the new act according to which the
provisions of the 2013 act were inapplicable to land acquisition under National highway
Act but it gives powers to Centre Goverernment to make the provisions applicable by
way of notification. The gates of prevention benefits were finally removed by
notification of ministry of road transport and roads in year 2015. Land required for
national highways is acquired under the provisions contained in section 3 of National
highway act 1956. The Land Acquisition act 2013 became applicable to other related
acts mentioned in fourth schedule including the National Highway Act,1956 w.e.f
01.01.2015 in terms of sec105(3) of the 2013 act.