K. Dhanasethu v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2022
CORAM
THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN and THE HONOURABLE Mr.JUSTICE KUMARESH BABU 1.K.Dhanasethu 2.J.Renukadevi 3.V.C.A.Mahendran ... Appellant in W.A.(MD) No.640 of 2009 Vs 1.The Union of India Rep by Secretary to Government Ministry of Shipping Surface Transport and Highways Department New Delhi.
2.The Competent Authority cum Special District Revenue Officer (Land Acquisition) National Highways, Virudhunagar.
3.The Project Officer National Highways Authority of India Madurai.
4.The District Collector cum Arbitrator under National Highways Act Virudhunagar District, Virudhunagar.
.... Respondents 1/5
Prayer : Writ Appeal filed under Clause 15 of Letters of Patent against the order dated 08.09.2008 in W.P.No.9774 of 2007 on the file of this Court. For Appellants : Mr.A.Sivaji For Respondents : No appearance COMMON JUDGMENT [Judgment of the Court was made by R.SUBRAMANIAN.J] These writ appeals have been filed by the appellants challenging the dismissal of their writ petitions wherein the provisions of the National Highways Act, 1956 providing for acquisition of lands for the purpose of Highways Project were challenged.
2. The validity of the said provisions was tested by the Hon'ble Supreme Court in Union of India and another vs. Tarsem Singh and Others [(2019) 9 SCC 304]. The Hon'ble Supreme Court had held that the provisions of Section 3J alone are invalid while upholding the other provisions. Hence, writ appeals are partly allowed. The order of the Writ Court dismissing the writ petitions in their entirety is set aside. The writ petitions will stand allowed partially concluding that the provisions of Section 3J are ultra vires to the Constitution. The other provisions are upheld.
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3. Mr.A.Sivaji, learned counsel appearing for the appellants would submit that in many cases, awards have been passed in conformity with the provisions of 3J and hence, he would seek time to initiate arbitration under sub-section 5 of 3G of National Highways Act, 1956.
4. Considering the pendency of writ petitions and writ appeals, we deem it fit to permit the appellants to challenge the awards since they are admittedly contrary to the provisions of the Land Acquisition Act, 1894. The Hon'ble Supreme Court has infact held that the persons whose lands were acquired under the National Highways Act are also entitled to compensation as per the provisions of the Land Acquisition Act, 1894. The appellants shall seek arbitration within a period of eight weeks from the date of receipt of a copy of this order. No costs. [RSMJ] [KBJ] 14.11.2022 Index : No Speaking order ds 3/5
To:
1.The Union of India Rep by Secretary to Government Ministry of Shipping Surface Transport and Highways Department New Delhi.
2.The Competent Authority cum Special District Revenue Officer (Land Acquisition) National Highways, Virudhunagar.
3.The Project Officer National Highways Authority of India Madurai.
4.The District Collector cum Arbitrator under National Highways Act Virudhunagar District, Virudhunagar.
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R.SUBRAMANIAN. J., and KUMARESH BABU.J., ds W.A.(MD)Nos.640 to 643, 646, 647, 649 to 651 of 2009 14.11.2022 5/5