North India Statesman
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News India Live, Digital Desk: The Supreme Court has given great relief to the land owners whose land is taken to form the National Highway. The court has canceled Section 3-J of the National Highway Act, calling it unconstitutional. This was the stream that used to say that the main land acquisition law of the country would not be applicable to the land Acquired for National Highway.
Now the court has made it clear that the Land Acquisition Act will also be fully implemented on the land taken for the highway. This simply means that the land owners now not only the price of the land, but will be found on it. Solatium/Compensation And Interest You will also get – just like taking land for other government projects.
What was the matter and what the court said?
The bench of Justice Rohinton Nariman and Justice Suryakant has canceled the same section 3-J of the National Highway Act. Let us tell you that the government had added this section in 1997 by changing the National Highway Act. Earlier, the land taken for the highway also came under the purview of the General Land Acquisition Act and the owners received compensation and interest, but it was replaced by Section 3-J.
Supreme Court justified the High Court’s decision
How did this case reach Supreme Court? In fact, the central government appealed to the Supreme Court against an order from the Punjab and Haryana High Court. A land owner in Punjab was not happy with the compensation received in lieu of his land and filed a petition in the High Court.
The High Court, while giving a verdict in favor of the land owner, had said that it should get complete compensation and interest under the Land Acquisition Act, even if the land has been taken for the National Highway. The central government had gone to the Supreme Court against this decision, but the Supreme Court rejected the Center’s appeal and justified the High Court’s decision. At the same time, the court canceled the Section 3-J as unconstitutional which was causing this discrimination.
This decision will benefit millions of land owners across the country whose land is taken to build a national highway or will be taken in future.
