Provisions of RFCTLARR Act 2013 will be applicable to National Highways Act 1956 #indianlaws

Section 105(3) of the 2013 Act in the event of Central Government issuing a notification, the same will have a binding effect on the authorities under the National Highways Act, 1956.

The present writ petition was filed to question the determination of compensation under the National Highways Act, 1956 on the ground that the Petitioners were entitled to the benefits under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act).

Vide impugned finding it was held that the petitioners were not challenging the acquisition of land under the provisions of the National Highways Act, 1956 but they were aggrieved only by the compensation given to them as they claimed to be entitled to the benefit of 2013 Act under S. 105(3) thereof and the Central Government was obliged to issue notification covering the cases of acquisition of land which fall under the National Highways Act to be given the benefit of the 2013 Act.

Section 105 of the 2013 Act provides for provisions not applicable in certain cases or when to be applicable with certain modifications. It was submitted that as per Section 105(1) the National Highways Act, 1956 since forms part of the Fourth Schedule, the plea of the Petitioners cannot be accepted. On the contrary it was submitted that the statutory exemption is subject to Section 105(3) and the period of one year with effect from 1.1.2014 has not yet expired and the Central Government can by way of notification issue such directions as may be necessary for the purpose of award of compensation. The argument advanced on behalf of the Petitioners was primarily on the foundation that there was still a possibility of any notification issued by the Central Government and the period of one year having not expired, they cannot be deprived of the benefits of the 2013 Act.

It was held that as per Section 105(3) of the 2013 Act in the event of Central Government issuing a notification, the same will have a binding effect on the authorities under the National Highways Act, 1956. It was accordingly directed that the concerned authority should proceed to determine the compensation after proceeding to consider facts relating to any such notification being issued by the Central Government and taking into account the objections raised by the Petitioners in this behalf.

[Jagdish Singh & Ors. vs. UOI & Ors.]
(Allahabad HC, 05.09.2014)