Heard both sides and perused the records.
2. Excepting for W.P.Nos.3273 & 3274 of 2004, 856 of 2006 and
6532 of 2007, in all the other writ petitions, the petitioners have challenged
the constitutional validity of Section 3E,3G,3H and 3J of the National High Ways
Act 1956. (for short 'the N.H.Act')
3. In W.P.No.6532 of 2007, the petitioners have challenged the
validity of Section 7(2) and 12 of the Tamil Nadu Act, 31/78 (Tamil Nadu
Acquisition of Land for Harijan Welfare Scheme Act,1978) providing for payment
of solatium and interest as illegal, unconstitutional, discriminatory and
violative of Articles 14 and 19 of the constitution and for a consequential
direction to the State of Tamil Nadu to provide solatium at the rate of 30%
additional amount of compensation at 12% and interest for one year @ 9% from the
date of Section 4(1) notification and thereafter, 15% till the date of payment
as available under the Land Acquisition Act (Central Act 1 of 1894).
4. In W.P.Nos.3273 of 2004 and 3653 of 2005, 856 of 2006, the challenge
is to the notification issued under Section 3A as well as the declaration under
3D of the National High Ways Act 1956 insofar as it relates to the petitioners
land.
5. Section 3A of the National High Ways Act 1956, provides power to the
Central Government to acquire any land required for building, maintenance,
management or a operation of a National High Way for public purpose. Section
3A(3) Provides for an competent authority to cause the substance of the
notification to be published in two local news papers of which one should be in
the vernacular language. Section 3C provides for hearing of objections from the
person interested in land, Section 3D provides for declaration of acquisition by
a notification in the Official Gazette and also provides for limitation by which
the said declaration can be made. Section 3G provides for determination of
amount payable as compensation. Section 3H provides deposit and payment of
compensation. Section 3J declares that the provisions of the Land Acquisition
Act (Act 1 of 1894) shall not apply to an acquisition made under the N.H.Act.
6. The major attack is to Section 3J which excludes the applicability
of central act 1 of 1984 to any acquisition under the N.H.Act. Therefore, the
petitioners on the basis of a comparative analysis of the Act with that of the
central act 1 of 1984 wanted to argue that the provisions of the N.H.Act is
unconstitutional.
7. The object for which the National High Ways Act 1956 which was
appended to the Bill when introduced in the Parliament reads as follows:-
Certain highways passing through various States were being maintained by the
respective States within which the particular highway was situated. Some of the
States were maintaining the portions of the highways which criss-crossed within
their respective jurisdictions in a proper manner but some of the States, due to
one reason or the other, were found deficient in their maintenance, with the
result that highways were not being maintained to the desired level. With the
increase of movement of traffic on account of industrial advancement and
increased tourist traffic it was found necessary that important highways of the
country be developed and maintained by the Central Government.
8. The argument advanced by the counsel is that the National High Ways
Act 1956 is unconstitutional based upon the comparative provisions found in
central act 1 of 1984. Such an argument is impermissible. In State of M.P. V
G.C.Mandawar (1955) 1 SCR 599: AIR 1954 SC 493, a Constitution Bench of the
Supreme Court held that Article 14 does not authorise the striking down of the
law of one State on the ground that in contrast with the law of another State on
the same subject, its provisions are discriminatory, nor does it contemplate the
law of the Centre or of a State dealing with similar subjects being held to be
unconstitutional by a process of comparative study of the provisions of the two.
The sources of authority for the two being different, Article 14 can have no
application.
9. In Sant Lal Bharati V. State of Punjab (1988) 1 SCC 366: (1988) 2
SCR 107., the Supreme Court reiterated the same view.
10. In State of Tamil Nadu and others Vs. Ananthi Ammal and others,
reported in 1995(1) S.C.C.519 the Supreme Court while dealing with a similar
subject, in para:7, observed as follows:-
7.When a statute is impugned under Article 14 what the Court has to decide is
whether the statue is so arbitrary or unreasonable that it must be struck down.
At best, a statute upon a similar subject which derives its authority from
another source can be referred to, if its provisions have been held to be
reasonable or have stood the test of time, only for the purpose of indicating
what may be said to be reasonable in the context.
11. A Constitution Bench of the Supreme Court while dealing with the
constitutionality of Section 25 N of the Industrial Disputes of Act, 1947, vide
its decision in Workmen of Meenakshi Mills Ltd and others Vs. Meenakshi Mills
Ltd and another reported in (1992) 3 SCC 336 laid down guide lines for dealing
with vires of statute quoted the dictum of Patanjali Sastri. C.J. in State of
Madras Vs. V.G.Row reported in 1952 SCR 597 and recorded the same as the classic
exposition of law on the subject. The said passage is found in page 358 of the
report in V.G.Row's case (cited supra) and it may be usefully extracted below:-
It is important in this context to bear in mind that the test of
reasonableness, wherever prescribed, should be applied to each individual
statute impugned, and no abstract standard, or general pattern, of
reasonableness can be laid down as applicable to all cases. The nature of the
right alleged to have been infringed, the underlying purpose of the restrictions
imposed, the extent and urgency of the evil sought to be remedied thereby, the
disproportion of the imposition, the prevailing conditions at the time, should
all enter into the judicial verdict. In evaluating such elusive factors and
forming their own conception of what is reasonable, in all the circumstances of
a given case, it is inevitable that the social philosophy and the scale of
values of the judges participating in the decision should play an important
part, and the limit to their interference with legislative judgment in such
cases can only be dictated by their sense of responsibility and self-restraint
and the sobering reflection that the Constitution is meant not only for people
of their way of thinking but for all and that the majority of the elected
representatives of the people have, in authorising the imposition of the
restrictions, considered them to be reasonable.
12. Therefore, in the light of the above guiding principles, the
argument based upon a comparative analysis of two enactments and hence the
National High Ways Act 1956 is being unconstitutional cannot be countenanced by
this Court. Accordingly, those writ petitions challenging the validity of
sections 3a, 3c, 3d, 3g, 3h and 3J of the N.H.Act must fail.
13. In W.P.No.6532 of 2007, as noted already the challenge is to the
validity of Sections 7(2) and (12) of Tamil Nadu Acquisition of Land for
Harijana Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) providing for
reduce to solatium and interest as violative of Articles 14 and 19 of the
Constitution. The petitioner seeks for the application of central act 1 of 1894
providing for higher compensation. The petitioner cannot try to compare the
State Enactment with that of the Central Enactment and try to seek for an
additional provision analogous to the Central Act. In fact, the very Tamil Nadu
Act was held to be unconstitutional by a Division Bench of this Court by a
comparative analysis of the Central Act with that of the State Act vide its
judgment in W.P.No.7997 of 1980 dated 09.09.1981. The said judgment was
reversed by the Supreme Court in State of Tamil Nadu and others Vs. Ananthiammal
and others reported in (1995) 1 SCC 519. Even the grant of solatium, the
Supreme Court dealt with the issue and held the provisions of Tamil Nadu 31 of
1978 as intra vires of the constitution.
14. In Prakash Amichand Shah Vs. State of Gujarat reported in (1986) 1
SCC 581, a Constitution Bench held that it could not be said as a rule that the
State, which has to supply and maintain large public services at great cost,
should always pay, in addition to reasonable compensation for acquired land,
some amount by way of solatium; the interest of the public was equally
important.
15. The Supreme Court in Papnasam Labour Union Vs. Madura Coats Ltd and
another reported in (1995) 1 SCC 501 dealt with the principles and guidelines
that should be kept in mind for considering the constitutionality of a statutory
provision upon a challenge on the alleged vires or unreasonableness of the
restriction imposed by the said legislation. In doing so, the Supreme Court
surveyed all its previous decisions and culled out those guidelines along with
its sources. They are found in Para:15 of the judgment and it may be worth
quoting:-
" (a). The restriction sought to be imposed on the Fundamental Rights
guaranteed by Article 19 of the Constitution must not be arbitrary or of an
excessive nature so as to go beyond the requirement of felt need of the society
and object sought to be achieved. (Chintaman Rao V. State of M.P. 1950 SCR 759).
(b). There must be a direct and proximate nexus or a reasonable
connection between the restriction imposed and the object sought to be achieved.
(O.K.Ghosh V.E.X.Joseph, AIR 1963 Supreme Court 812)
(c). No abstract or fixed principle can be laid down which may have
universal application in all cases. Such consideration on the question of
quality of reasonableness, therefore, is expected to vary from case to case.
(Kavalappara Kottarathil Kochuni V. State of Madras & Kerala).
(d). In interpreting constitution provisions, courts should be alive to
the felt need of the society and complex issues facing the people which the
Legislature intends to solve through effective legislation. (Jyoti Pershad V.
Administrator for Union Territory of Delhi, AIR 1961 SC 1602.)
(e) In appreciating such problems and felt need of the society the
judicial approach must necessarily be dynamic, pragmatic and elastic.(Jyoti
Pershad V. Administrator for Union Territory of Delhi, AIR 1961 SC 1602.)
(f) It is imperative that for consideration of reasonableness of
restriction imposed by a statute, the Court should examine whether the social
control as envisaged in Article 19 is being effectuated by the restriction
imposed on the Fundamental Rights.(State of Madras V. V.G.Row, AIR 1952 SC 196).
(g) Although Article 19 guarantees all the seven freedoms to the
citizen, such guarantee does not confer any absolute or unconditional right but
is subject to reasonable restriction which the Legislature may impose in public
interest. It is therefore necessary to examine whether such restriction is
meant to protect social welfare satisfying the need of prevailing social values.
(State of Madras V. V.G.Row, AIR 1952 SC 196).
(h) The reasonableness has got to be tested both from the procedural and
substantive aspects. It should not be bound by processual perniciousness or
jurisprudence of remedies. (Fatehchand Himmatlal V. State of Maharashtra, (1977)
2 SCC 670.
(j) Restriction imposed on the Fundamental Rights guaranteed under
Article 19 of the Constitution must not be arbitrary, unbridled, uncanalised and
excessive and also not unreasonably discriminatory. Ex hypothesi, therefore, a
restriction to be reasonable must also be consistent with Article 14 of the
Constitution.
(k) In judging the reasonableness of the restriction imposed by clause
(6) of Article 19, the Court has to bear in mind Directive Principles of State
Policy. (Kesavananda Bharati Sripadagalvaru Vs. State of Kerala, (1973) 4 SCC
225.
(l) Ordinarily, any restriction so imposed which has the effect of
promoting or effectuating a directing principles can be presumed to be a
reasonable restriction in public interest. (Workmen V. Meenakshi Mills Ltd
(1992) 3 SCC 336.
16. It is surprising that the petitioner should chose to challenge the
provisions of Tamil Nadu Act 31 of 78 relating to solatium in spite of the fact
that there was already an authoritative pronouncement by the Supreme Court in
Ananthiammal's case (cited supra) relating to the very same enactment.
Therefore, W.P.6532 of 2007 must necessarily fail.
17. In all the other three writ petitions namely W.P.Nos.3373 of 2004,
3623 of 2005 and 1856 of 2006 have been filed on the basis that should this
Court declare section 3a, 3c, 3d, 3h, 3g & 3J as unconstitutional then
necessarily the notification under 3A and the consequential declaration under
Section 3D in respect of the individual land owners must also necessarily fail.
Since this Court has upheld the validity of those provisions the notification
and declaration issued under these provisions are valid and does not call for
any interference. No other arguments were advanced in any individual cases.
18. In the light of the above, all these writ petitions are dismissed.
Consequently, connected miscellaneous petitions are also dismissed. No costs.
ssm
To
1.The Secretary to Government,
The Union of India,
Ministry of Road Transport
and Highways Department,
New Delhi.
2.The Competent Authority (L.A.)
District Revenue Officer,
Madurai District,Madurai.
3.The Project Officer,
The National High Ways
Authority of India,
No.44, 1st Floor,
Pon Nagar,
III rd Main Road, Trichi.
4.The District Collector,
Arbitrator, Madurai District,Madurai.
5.The Competent Authority cum
Special District Revenue Officer,
(Land Acquisition),
National Highways, Virudhunagar.
6.The Project Officer,
The National High Ways
Authority of India, Madurai.
7.The Arbitrator, Under the National
Highways Act cum District Collector,
Virudhunagar District, Virudhunagar.
8.The Secretary to Government
The State of Tamil Nadu
Social Welfare Department,
Fort St.George, Chennai-9.
9.The Special Tahsildar (ADW),
Virudhunagar.
10.The Secretary to Government,
The Union of India,
Ministry of Shipping Surface Transport
and Highways Department, New Delhi.
11.The Competent Authority cum
District Revenue Officer,
(Land Acquisition),
National Highways, Tuticorin.
12.The Arbitrator,Under the National
Highways Act cum District Collector,
Tuticorin District, Tuticorin.
13.The District Collector,
Virudhunagar District, Virudhunagar,
cum Arbitrator under National
Highways Act, Virudhunagar District,
Virudhunagar.