Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2001 1997 – Tamil Nadu Highways Act amil Nadu Acquisition of Land for Industrial Purposes Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Tamil Nadu Land Acquisition Laws (revival of Operation, Amendment and Validation) Act, 2019 (38 of 2019) Tamil Nadu Highways Act, 2001 (34 of 2002) Land Acquisition Act, 1894 (1 of 1894) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (10 of 1999) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tamil Nadu Acquisition of Land for Industrial Purposes Act,1997 – Tamil Nadu Highways Act, 2001 – Land Acquisition Act,1894 (old LA Act) – Right to Fair Compensation and Transparencyin Land Acquisition, Rehabilitation and Resettlement Act, 2013 (newLA Act) – Tamil Nadu Land Acquisition Laws (Revival of Operation,Amendment and Validation) Act, 2019 – Whether the IndustrialPurposes Act and the Highways Act are void owing to inherentarbitrariness and infringement of Article 14 of the Constitution –In G. Mohan Rao, the Supreme Court observed that the contention,based on comparative analysis of the State Acts and the new LAAct, to establish violation of the equality clause u/Art. 14 of theConstitution, is left open – Parties were given liberty to raise allother issues not dealt with in that judgment – In C.A.Nos. 5692-5693 of 2021, it is contended that the High Court erred in holdingthat the Industrial Purposes Act was not liable to be invalidated onthe grounds of arbitrariness and violation of Article 14 of theConstitution – The question arose was as to the locus standi of theappellants, who admittedly purchased their lands after the initiationof land acquisition proceedings, to maintain a challenge to theprovisions of the Act of 1997 and the proceedings ini tiatedthereunder – Whereas in C.A.No. 5697 of 2021, appellants haveassailed the common order dated 03.07.2019 passed by the HighCourt, whereby challenge to the validity of the Highways Act, onthe grounds of arbitrariness and violation of Article 14 of theConstitution, was rejected – The grievance of these two persons iswith regard to the acquisition of their lands by the State of TamilNadu under the Highways Act – It is contended that the HighwayAct, 2001 is liable liable to be invalidated on the ground that itsprovisions manifest discrimination or arbitrariness when comparedwith the provisions of the Right to Fair Compensation andTransparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013 – Held: In C.A.Nos, 5692-5693 of 2021, they weresubsequent purchasers and deemed to aware of the acquisitionproceedings – In any event, neither of these subsequent purchaserscan be permitted to claim ignorance of the acquisition proceedings– Mere passage of time and publication of the s.3(1) Notice aftertheir purchase of the lands would not save their sale transactionsor vest them with a right to attack the acquisition – In consequence,no reason to entertain their challenge to the Industrial PurposesAct on the grounds of arbitrariness and violation of Article 14 ofthe Constitution or their consequential challenge to the acquisitionproceedings – As far as C.A.No. 5697 of 2021 is concerned, theHighways Act in the State of Tamil Nadu stood protected even at thetime the old LA Act was in force and effect, owing to the Presidentialassent that it had received u/Art. 254(2) of the Constitution, and itcontinued to operate and provide altogether different yardsticksfor acquisition of land and payment of compensation till the adventof the new LA Act – No doubt, the scheme of the new LA Act advocatestimely measures being adopted in implementation of the acquisitionand such general temporal restrictions would benefit the landowners, but the absence of such restrictions in the Highways Actmay not be reason enough to invalidate it, as the very premise onwhich the Highways Acts was enacted by the State of Tamil Naduwas to cut down on time-consuming processes. |
Judge | Hon'ble Mr. Justice Sanjay Kumar |
Neutral Citation | 2023 INSC 510 |
Petitioner | C.s. Gopalakrishnan Etc. |
Respondent | The State Of Tamil Nadu & Others |
SCR | [2023] 7 S.C.R. 939 |
Judgement Date | 2023-05-09 |
Case Number | 5692-5695 |
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