NDLI: Union of India & Anr. Vs. Tarsem Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	National Highways Act 1956 3G(7) and 3J Award of solatium Whether permissible Acquisition under the Act s.3A
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	National Highways Act, 1956 (48 of 1956)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	National Highways Act, 1956 [As amended by National Highways Laws (Amendment) Act, 1997]: s.3A, 3G(7) and 3J – Acquisition under the Act – Award of solatium – Whether permissible – Held: Solatium is part and parcel of compensation that is payable for compulsory acquisition of land – 1956 Act was amended by 1997 Amendment Act with the object of reducing the delay and for speedy implementation of highway projects – The Amendment Act, 1997 cannot be shielded by Art. 31-C of the Constitution as the object of the Amendment has no direct and rational nexus with the Directive Principles contained in Art. 39(b) of the Constitution – Even if the Amendment Act is regarded as an Act to carry out the purpose of Art. 39(b), the object of the Amendment Act is not served by removing solatium and interest from compensation – Thus grant of compensation without solatium and interest, not being basically and essentially necessary to carry out the object of the Amendment Act, would not be protected by Art. 31-C and, therefore, any infraction of Art. 14 can be inquired into by the Court – A classification made between different sets of landowners has no relation to the object sought to be achieved by the Amendment Act, and hence the Amendment Act falls foul of Art. 14 of the Constitution – Therefore, the provisions of the Land Acquisition Act relating to solatium and interest contained in Section 23 (1A) and (2) and interest payable in terms of proviso to Section 28 will apply to the acquisitions made under National Highways Act – Therefore, Section 35J to this extent is violative of Art.14 and hence unconstitutional – Constitution of India – Arts. 14, 31-C and 39(b). Constitution of India Art. 31-C – Protection under – When available – Held: For availing protection u/Art. 31-C any declaration to that effect is not necessary – If the law has a direct and rational nexus with the Directive Principles contained in Art. 39(b), the law would be shielded by Art. 31-C – It is not every provision of a statute enacted with a dominant object of giving effect to a Directive Principle which are protected under the amended Art.31-C,, but only those provisions which are basically and essentially necessary for giving effect to the Directive Principles are protected.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2019 INSC 996
Petitioner	Union Of India & Anr.
Respondent	Tarsem Singh & Ors.
SCR	[2019] 13 S.C.R. 49
Judgement Date	2019-09-19
Case Number	7064

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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