UNION OF INDIA v. TARSEM SINGH
Discusses constitutional validity, statutory interpretation, and general legal principles like immutability and equity.
Court: Supreme Court of India
Citation: 2025 INSC 146
Decision Date: 04-02-2025
List of Laws
Land Acquisition Act, 1894; National Highways Act, 1956 (NHAI Act); The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Constitution of India, 1949; General Principles of Law
- Land Acquisition Act, 1894: The judgment discusses Sections 23(2) and 28 of the Land Acquisition Act, 1894, noting that these sections provided for the grant of 'solatium' and 'interest'. The judgment also mentions that Section 3J of the NHAI Act declared that ‘nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act’. The court notes that the NHAI Act operated alongside the 1894 Act for a considerable period, with its provisions being pari materia to those of the latter. The judgment also notes that Section 3J of the NHAI Act, by excluding the applicability of the 1894 Act and thereby denying 'solatium' and ‘interest' for lands acquired under the NHAI Act, is violative of Article 14 of the Constitution.
- National Highways Act, 1956 (NHAI Act): The judgment extensively discusses the NHAI Act, particularly Section 3J. It notes that Section 3J, along with other provisions, was inserted into the NHAI Act via the National Highways Laws (Amendment) Act, 1997. The objective was to promote private investment in National Highways and speed up construction. Section 3J declared that ‘nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act’. The judgment mentions that several High Courts struck down Section 3J as unconstitutional. The judgment also discusses the applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to the NHAI Act. The court notes that Section 3J of the NHAI Act created unequal treatment of similarly situated individuals, which led to the violation of Article 14.
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: The judgment refers to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act), and its applicability to the NHAI Act. It mentions that the 2013 Act came into force on 01.01.2014 and was amended in 2015, making its provisions applicable to numerous enactments, including the NHAI Act. A notification was issued under Section 105, read with Section 113, specifying that the provisions of the 2013 Act would apply to acquisitions carried out under the NHAI Act. The judgment notes that the 2013 Act now governs the field, making the grant of ‘solatium' and 'interest' a requisite.
- Constitution of India, 1949: The judgment discusses Article 14 of the Constitution, stating that Section 3J of the NHAI Act, by excluding the applicability of the 1894 Act and thereby denying 'solatium' and ‘interest' for lands acquired under the NHAI Act, is violative of Article 14. The judgment emphasizes that when a provision is declared unconstitutional, any continued disparity strikes at the core of Article 14 and must be rectified. The judgment also mentions Article 300A in the context of the financial burden of acquiring land.
- General Principles of Law: The judgment refers to the doctrine of immutability, stating that reopening cases would contravene this principle, which holds that a judgment, once attaining finality, becomes unalterable and cannot be modified. The judgment also mentions the principles of delay and laches, stating that any claims now raised by private parties would be barred by these principles. The judgment also invokes the maxim "Quando aliquid prohibetur ex directo, prohibetur et per obliquum," meaning what cannot be done directly should also not be done indirectly, in the context of the applicant seeking to evade responsibility. The judgment also emphasizes equity and equality, stating that no discrimination should be permitted.
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