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.