K.CHELLAPANDIAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The writ petitioner owns lands in Manthikulam Village, Madurai North Taluk, Madurai District. Their lands face the prospect of acquisition. A notification under Section 3(A) (1) of the National Highways Act, 1956 was issued on 17.04.2018 for developing a part of NH 44A between 0.00 Km to 29.6 km in Madurai District. The petitioner's land are covered by the aforesaid notification.

(2.) According to the petitioner, the parliament had enacted a comprehensive legislation namely, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) (hereinafter called as "the Act ") covering all forms of acquisition. While it is true that the said Act had initially exempted its applicability to National Highways Act, 1956 by including it along with a few other enactments in its 4th Schedule, on account of the failure of the Central Government to issue a notification as contemplated by Section 105(3) of the Act, there has been an implied repeal of the National Highways Act, 1956 making all the provisions of Central Act 30 of 2013 applicable even in the case of acquisition for National Highways. In order to overcome the said situation, the Government had issued the impugned notification making the provisions of Central Act No.30 of 2013 pertaining to compensation, rehabilitation and resettlement to apply to all cases of land acquisition under the enactments specified in the 4th Schedule. According to the petitioner, this notification is unconstitutional and illegal and ultra vires the parent Act. Hence, he has mounted a challenge to the impugned notification. A learned Judge of this Court granted interim stay of the impugned notification on 26.10.2018. The respondents have filed a detailed counter affidavit.

(3.) Heard the learned Senior Counsel appearing for the writ petitioner and the learned Additional Solicitor General of India for the first respondent and the learned Standing Counsel appearing for the second respondent. Contentions of the writ petitioner :