Gujarat High Court
Chauhan Nareshkumar Narpatsingh vs Prant Officer, Dabhoi on 16 July, 2026
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/14030/2025 CAV JUDGMENT DATED: 16/07/2026
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SCA NOS. 14030/2025, 14032/2025, 14437/2025, 14550/2025,
14560/2025 & 14570/2025 Reserved On : 16/04/2026
SCA NOS. 8340/2026, 8361/2026 & 8367/2025
Reserved On : 23/06/2026
SCA NO. 8807 / 2026 Reserved On : 03/07/2026
SCA NO. 8892 / 2026 Reserved On : 06/07/2026
SCA NO. 8697 / 2026 Reserved On : 07/07/2026
Pronounced On : 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14030 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 14032 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 14437 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 14550 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 14560 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 14570 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 8340 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 8361 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 8367 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 8697 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 8807 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 8892 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
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Approved for Reporting Yes No
✔
=============================================
CHAUHAN NARESHKUMAR NARPATSINGH
Versus
PRANT OFFICER, DABHOI & ORS.
=============================================
Appearance in SCA NOS. 14030/2025, 14032/2025,
14437/2025, 14550/2025, 14560/2025 & 14570/2025:
MR.MAULIK G. NANAVATI WITH MS.MANVI DAMLE FOR
NANAVATI & CO.(7105) for the Petitioner(s) No. 1
MR.SANJAY UDHWANI, ASST.GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 2,3
Appearance in SCA NOS. 8340/2026, 8361/2026 &
8367/2026:
MR.MAULIK G. NANAVATI WITH MS.MANVI DAMLE FOR
NANAVATI & CO.(7105) for the Petitioner(s) No. 1
MS.MAITHILI MEHTA, ASST.GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 3
Appearance in SCA NO. 8807/2026:
MR.MAULIK G. NANAVATI WITH MS.MANVI DAMLE FOR
NANAVATI & CO.(7105) for the Petitioner(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 2,3
Appearance in SCA NO. 8892/2026:
MR.MAULIK G. NANAVATI WITH MS.MANVI DAMLE FOR
NANAVATI & CO.(7105) for the Petitioner(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 3
Appearance in SCA NO. 8697/2026:
MR.MAULIK G. NANAVATI WITH MS.MANVI DAMLE FOR
NANAVATI & CO.(7105) for the Petitioner(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 3
=============================================
CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
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CAV JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
1. In this group of writ petitions heard on different dates,
the common legal questions arisen for our consideration are :-
i. Whether the petitioners are entitled to a sum of 60%
on the market value determined by the competent
authority as per Section 20-F(9) of the Railways Act,
1989, in addition to the statutory benefits already
awarded as per the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (in short as the “Act’ 2013”),
considering the compulsory nature of the acquisition
for a ‘Special railway project’?
ii. Whether the petitioners are entitled for the benefits of
the National Rehabilitation and Resettlement Policy,
2007 for Project Affected Families, notified by the
Government of India, Ministry of Rural Development
vide Notification dated 31st October, 2007,
incorporated in the provisions of Section 20-O of the
Railways Act, 1989, or have to be held entitled to the
rehabilitation and resettlement benefits specified in
the Second and Third Schedule of the Act, 2013, for
the Railways Act, 1989 being one of the enactments
specified in the Fourth Schedule of the 2013 Act, in
view of the notification dated 28.08.2015 of the
Central Government for application of the provisions
of the First, Second and Third Schedules to thePage 3 of 72
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acquisitions made under the enactments enlisted in
the Fourth Schedule of the Act‘ 2013?
iii. Whether the writ petitioners are entitled for the
award of an additional amount of 12% payable under
Section 30(3) of the Act, 2013, on the multiplication
factor 2 determined as per Section 26(2) of the Act,
2013 under the land Acquisition Award?
2. At the outset, with regard to the prayers made in this set
of writ petitions for award of an additional amount of 12%
payable under Section 30(3) of the Act, 2013, on the
multiplication Factor 2 determined as per Section 26(2) of the
Act, 2013, we may note that in the writ petitions where
judgments have been reserved in the months of June and July’
2026, it is prayed by the learned counsel for the petitioners
that the said relief may be permitted to be withdrawn by the
petitioners in view of the pendency of the issue for
adjudication before the Apex Court with the liberty to the
petitioners to file fresh petitions agitating its grievances after
the decision of the Apex Court.
3. The prayer of the learned counsel for the petitioners
therein, for withdrawal of the reliefs prayed in all the said writ
petitions for the benefits of Section 30(3) of the Act’ 2013 on
multiplication Factor 2 as per Section 26(2) of the Act, 2013 is
hereby granted with the liberty as prayed for.
4. With regard to the same relief in the set of writ petitions
heard in the month of April’ 2026, where judgment was
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reserved on 16.04.2026, we may deal with the said prayer
while dealing with the third issue in the later part of this
judgment.
5. On the remaining two issues, Mr. Maulik G. Nanavati,
learned Counsel for the petitioners would submit that the
lands in question were acquired under the provisions of the
Railways Act, 1989 for a ‘Special railway project’, declared as
such under Section 2(37-A) of the Railways Act, 1989, which
provides that ‘Special railway project’ be notified by the
Central Government for providing national infrastructure for a
public purpose in a specified time frame covering one or more
states or Union Territories.
6. The submission is that the Railways Act, 1989 originally
did not provide for any mechanism for acquisition of land for
the projects of railway and all such acquisitions were being
conducted under the provisions of the Land Acquisition Act,
1894 for a railway project, which has led to considerable
delay in completion of the acquisition process. A need was,
therefore, felt to provide a special mechanism under the
Railways Act, 1989 for speedy acquisition for railway projects.
Chapter IV-A was inserted under the Railways Act, 1989 by
the Railways (Amendment) Act (Act No. 11 of 2008) with
effect from 31.01.2008, providing for a fast track mechanism
for acquisition of land for ‘Special railway projects’, by virtue
of Section 20-A to Section 20-P incorporated therein.
However, still the mechanism for acquisition incorporated in
Chapter IV-A of the Railways Act, 1989 is restricted only for
‘Special railway projects’ notified as such by the Central
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Government. For other railway projects, the acquisition
proceedings earlier continued under the old Land Acquisition
Act, 1894 (even after the amendment by Act No.11 of 2008 to
the Railways Act, 1989) and after the repeal of the said
enactment, under the provisions of the new Act’ 2013.
7. The lands in question had been acquired by the
notifications published under Section 20-A and Section 20-E of
the Railways Act, 1989, and award passed by the competent
authority in the year 2025 determined compensation by
assessment of the market value in accordance with the
provisions of Section 26 of the Act’ 2013, wherein all statutory
benefits as per the First Schedule of the Act‘ 2013 have been
incorporated.
8. The contention is that besides that certain special
benefits available to the landholders as per Section 20-F(9) of
the Railways Act, 1989, for a sum of 60% on the market value
in consideration of the compulsory nature of acquisition for a
‘Special railway project’, would have to be incorporated in the
award. The competent authority also did not make any
reference of the benefits of the National Rehabilitation and
Resettlement Policy, 2007 in its award, inspite of the clear
mandate of Section 20-O of the Railways Act, 1989 that the
said policy shall apply in respect of the acquisition of land by
the Central Government under the Railways Act. The
submission is that the non-inclusion of the aforesaid statutory
benefits of Section 20-F(9) and Section 20-O of the Railways
Act, 1989 has led to filing of this set of writ petitions.
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9. Before proceeding further on the elaborate submissions
of the learned counsel for the petitioners on the abovenoted
issues, we may record that in the counter affidavit filed on
behalf of the Railways, it is admitted that the acquisition in
question has been conducted under the Railways Act, 1989 for
a ‘Special railway project’ notified by the Central Government.
It is also admitted that the provisions of the Act’ 2013,
including the First, Second, and Third Schedules therein are
made applicable to the land acquisitions made under the
enactment specified in the Fourth Schedule of the 2013 Act
with effect from 01.01.2015 and the Railways Act, 1989 being
included in the Fourth Schedule, the provisions of the 2013
Act with respect to the determination of compensation have
been applied for the acquisition in question.
10. It is also admitted to both the parties that the awards in
question (delivered in the year 2025), have been passed in
accordance with the provisions of Sections 26 to 30 of the Act’
2013, and all the benefits of 2013 Act [except additional 12%
amount on multiplication Factor 2 as per Section 30(3)], have
been included therein.
11. The contention of the learned counsel for the petitioners,
however, is that the benefit of an additional amount of 60% on
the market value determined under the award as per Section
20-F(9) is payable in addition to the statutory benefits already
awarded as per the Act’ 2013.
12. Elaborating the same, the Statement of Objects and
Reasons of the Railways (Amendment) Bill, 2008 has been
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placed before us to argue that the amendments have been
brought in the Railways Act, 1989 noticing that the provisions
of the Land Acquisition Act, 1894 were insufficient for
completion of railway projects on an expeditious basis, which
provide for critical basic infrastructure essential for
sustainable economic growth and development of the country.
The need was felt to provide land acquisition provisions in the
Railways Act, 1989 to empower the Central Government and
the Ministry of Railways for land acquisition on a fast track
basis for Special railway projects, in the lines of land
acquisition provisions available in the National Highways Act,
1956. In order to cut short the time and speed-up the process
of acquisition, it was also considered to provide an expeditious
mechanism of arbitration process to resolve disputes relating
to the amount of compensation.
13. The Railways (Amendment) Bill, 2008 further proposed
incorporating Section 20-O to apply the Rehabilitation and
Resettlement Policy, 2007 to safeguard the interests of
persons affected by land acquisition for ‘Special railway
projects’. For ready reference, the Statement of Objects and
Reasons (in short as, the “SOR”) and the financial
memorandum of the Railways (Amendment) Bill, 2008 dated
21.02.2008 are being extracted hereinunder:
“STATEMENT OF OBJECTS AND REASONS
Provision of critical basic infrastructure is essential in order
to have sustainable economic growth and development of our
country. Important projects relating to basic infrastructure
require acquisition of land. The only instrument available for
acquisition of land for public purpose is the Land AcquisitionPage 8 of 72
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Act, 1894. The existing provisions under the Land Acquisition
Act, 1894 are insufficient for completion of such projects on
expeditious basis in a time schedule manner due to excessive
time taken under the Land Acquisition Act, 1894.
2. There is a need to provide for land acquisition provisions in
the Railways Act, 1989 to empower the Central Government
in the Ministry of Railways for land acquisition on fast track
basis for the special railway projects on the lines of the land
acquisition provisions available in the National Highways Act,
1956.
3. It has been the experience that a large number of disputes
relating to compensation amount for land acquisition are
brought before the courts of law. Often, these cases are
pending for a long period of time in the courts and add to the
work-load of the courts. Therefore, an expeditious mechanism
of arbitration process is provided to resolve the dispute
relating to amount of compensation.
4. In order to safeguard the interests of person affected by
land acquisition for special railway projects, it is provided in
proposed section 20-O of the Bill that the provisions of the
Rehabilitation and Resettlement Policy, 2007 shall apply.
5. The amendments in the Railways Act, 1989 shall empower
the Central Government in the Ministry of Railways (Railway
Administration) for land acquisition for the public purpose by
striking a balance between creation of basic critical
infrastructure in the country and protecting the interest of
the persons whose land is acquired.
6. As Parliament was not in session, and to give impetus to
the critical infrastructure projects, it was considered
necessary to take immediate action for making suitable
provisions in the Railways Act, 1989 by promulgation of the
Railways (Amendment) Ordinance, 2008 on the 31st January,
2008.
7. The Railways (Amendment) Bill, 2008 seeks to replace the
Railways (Amendment) Ordinance, 2008 to achieve the above
objectives.
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FINANCIAL MEMORANDUM
The Bill seeks to provide for separate provisions relating to
acquisition of land by amending the Railways Act, 1989,
which will empower the Central Government in the Ministry
of Railways to acquire land for the special railway projects
which are essential for provision of basic infrastructure in the
country. Acquisition of land involves payment of
compensation to land owners.
2. As per new section 20F of the Bill, the amount of
compensation shall be based on market-value of land. In
addition to the market-value, the solatium at the rate of sixty
per cent shall, invariably be paid to land owners in
consideration of the compulsory nature of acquisition. The
provisions of the Rehabilitation and Resettlement Policy,
2007 notified by the Government of India have also been
extended to displaced persons as per new section 20-O.
3. The amount of compensation and other expenses relating
thereto shall be borne out of the fund sanctioned for the
special railway projects. The Bill does not require any
budgetary support and thus any expenditure would be a part
of the administrative expenditure of the Ministry.
14. Further, by the notification dated 28.08.2015, the
Central Government in exercise of the powers conferred by
sub-section (1) of Section 113 of the Act’ 2013, has
promulgated the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement (Removal of Difficulties) Order, 2015. The said
order of 2015 has been brought into force with effect from
01.09.2015. However, the provision therein were already
given effect to from 01.01.2015 in view of the RFCTLARR
(Amendment) Ordinance, 2015 promulgated on 31.12.2015
amending Section 105 of the Act, 2013. Thus, the provisionsPage 10 of 72
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of the 2013 Act relating to the determination of the
compensation, rehabilitation and resettlement in cases of land
acquisition under the enactments specified in the Fourth
Schedule thereto have been extended w.e.f. 01.01.2015. The
Removal of Difficulties Order, 2015 notified under Section
113(1) of the Act, 2013, reads as under:-
" MINISTRY OF RURAL DEVELOPMENT
ORDER
New Delhi, the 28th August, 2015
S.O. 2368(E).— Whereas, the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (30 of 2013) (hereinafter referred to as
the RFCTLARR Act) came into effect from 1st January, 2014;
And whereas, sub-section (3) of Section 105 of the RFCTLARR
Act provided for issuing of notification to make the provisions of
the Act relating to the determination of the compensation,
rehabilitation and resettlement applicable to cases of land
acquisition under the enactments specified in the Fourth
Schedule to the RFCTLARR Act;
And whereas, the notification envisaged under sub-section (3) of
Section 105 of the RFCTLARR Act was not issued, and the
RFCTLARR (Amendment) Ordinance, 2014 (9 of 2014) was
promulgated on 31st December, 2014, thereby, inter-alia,
amending Section 105 of the RFCTLARR Act to extend the
provisions of the Act relating to the determination of the
compensation and rehabilitation and resettlement to cases of
land acquisition under the enactments specified in the Fourth
Schedule to the RFCTLARR Act;
And whereas, the RFCTLARR (Amendment) Ordinance, 2015 (4
of 2015) was promulgated on 3rd April, 2015 to give continuity
to the provisions of the RFCTLARR (Amendment) Ordinance,
2014;
And whereas, the RFCTLARR (Amendment) Second Ordinance,
2015 (5 of 2015) was promulgated on 30th May, 2015 to give
continuity to the provisions of the RFCTLARR (Amendment)
Ordinance, 2015 (4 of 2015);
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And whereas, the replacement Bill relating to the RFCTLARR
(Amendment) Ordinance, 2015 (4 of 2015) was referred to the
Joint Committee of the Houses for examination and report and
the same is pending with the Joint Committee;
As whereas, as per the provisions of article 123 of the
Constitution, the RFCTLARR (Amendment) Second Ordinance,
2015 (5 of 2015) shall lapse on the 31st day of August, 2015 and
thereby placing the land owners at the disadvantageous
position, resulting in denial of benefits of enhanced
compensation and rehabilitation and resettlement to the cases
of land acquisition under the 13 Acts specified in the Fourth
Scheduled to the RFCTLARR Act as extended to the land owners
under the said Ordinance;
And whereas, the Central Government considers it necessary to
extend the benefits available to the land owners under the
RFCTLARR Act to similarly placed land owners whose lands are
acquired under the 13 enactments specified in the Fourth
Schedule; and accordingly the Central Government keeping in
view the aforesaid difficulties has decided to extend the
beneficial advantage to the land owners and uniformly apply the
beneficial provisions of the RFCTLARR Act, relating to the
determination of compensation and rehabilitation and
resettlement as were made applicable to cases of land
acquisition under the said enactments in the interest of the land
owners;
Now, therefore, in exercise of the powers conferred by sub-
section (1) of Section 113 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (30 of 2013), the Central Government
hereby makes the following Order to remove the aforesaid
difficulties, namely:
1. (1) This Order may be called the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Removal of Difficulties) Order, 2015.
(2) It shall come into force with effect from the 1st day of
September, 2015.
2. The provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, relating to the determination of
compensation in accordance with the First Schedule,
rehabilitation and resettlement in accordance with the Second
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Schedule and infrastructure amenities in accordance with the
Third Schedule shall apply to all cases of land acquisition under
the enactments specified in the Fourth Schedule to the said
Act.”
15. Resultantly, the provisions of the 2013 Act have been
applied for determination of compensation in accordance with
the First Schedule therein (except the disputed statutory
benefits of Section 30(3) on Multiplication Factor 2), in the
acquisition in question.
16. It was further submitted that with the incorporation of
Chapter IV-A into the Railways Act, 1989, the Repealing and
Amending Act, 2016 (Act No. 23 of 2016) repealed the
Railways (Amending) Act, 2008 in (“the whole”). The savings
clause of the Repealing and Amending Act, 2016 reads as
under:
“4. Savings:- The repeal by this Act of any enactment shall
not affect any other enactment in which the repealed
enactment has been applied, incorporated or referred to;…..”
17. It was, thus, argued that even while repealing the
Railways (Amending) Act, 2008 by virtue of Act No. 23 of
2016, the legislature specifically saved all the provisions of
the enactment which have been applied and incorporated, or
referred to in the main enactment itself. The provisions of
Section 20-F(9) and 20-O incorporated in Chapter IV-A of the
Railways Act, 1989 in the main enactment, thus, have been
saved and would be attracted and have to be applied in the
acquisitions for a ‘Special Railway Project’.
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18. On the principle of repeal and saving of an enactment /
the law, relying upon the decision of the Apex Court in
Kishorebhai Khamanchand Goyal v. State of Gujarat,
(2003) 12 SCC 274, it was argued by the learned counsel for
the petitioners that there is a presumption against repeal by
implication, and the reason for this rule is based on the theory
that the legislature, while enacting a law, has complete
knowledge of the existing laws on the same subject matter
and, therefore, where it does not provide a repealing
provision, the intention is clear not to repeal the existing
legislation.
19. The submission is that when the new Act contains a
repealing section mentioning the Acts which it expressly
repeals, the presumption against implied repeal on other laws
is further strengthened on the principle of expressio unius
(personae vel rei) est exclusio alterius. (The express intention
of one person or thing is the exclusion of another).
20. It was argued that the continuance of the existing
legislation in the absence of an express provision of repeal
being presumed, the burden to show that there has been
repeal by implication lies on the party asserting it. The
presumption is, however, rebutted and a repeal is inferred by
necessary implication where the provisions of the later Act are
so inconsistent with or repugnant to the provisions of the
earlier Act that the two cannot stand together. But if the two
can be read together and some application can be made of the
words in the earlier Act, a repeal will not be inferred. (Ref:
Paragraph 6)
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21. The submission is that to apply the doctrine of implied
repeal, the necessary questions to be asked by the court are:
(i) Whether there is a direct conflict between the two
provisions?
(ii) Whether the legislature intended to lay down an
exhaustive Code in respect of the subject matter
replacing the earlier law?
(iii) Whether the two laws occupy the same field?
22. The doctrine of implied repeal is based on the theory that
the legislature, which is presumed to know the existing law,
did not intend to create any confusion by retaining conflicting
provisions and, therefore, where the court applies the
doctrine, it does no more than give effect to the intention of
the legislature by examining the scope and object of the two
enactments and by comparison of their provisions. The matter
in each case is one of construction and comparison of two
statutes. The court leans against implying a repeal “unless
two Acts are so plainly repugnant to each other that effect
cannot be given to both at the same time, a repeal will not be
implied unless there is an apparent inconsistency in the two
Acts standing together”.
23. To determine whether a later statute repeals by
implication an earlier, it is necessary to scrutinize the terms
and consider the true meaning and effect of the earlier Act.
Until it is done, it is impossible to ascertain whether any
inconsistency exists between the two enactments.
(Ref:Paragraph 8)
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24. A determinative test, as laid down, is whether the
enactments are sharply conflicting or are inconsistent and/or
repugnant.
25. Relying on the decision in Harshad S. Mehta & Ors. v.
State of Maharashtra, [(2001) 8 SCC 257], paragraph
Nos. ’30’ to ’31’ therein have been placed before us, which
read as under:-
“30. The reason for the presumption as aforesaid is that the
legislature while enacting a law has a complete knowledge of
the existing laws on the subject-matter and, therefore, when
it does not provide a repealing provision, it gives out an
intention not to repeal the existing legislation. The burden to
show that there has been a repeal by implication lies on the
party asserting it. Relying upon Statutory Interpretation by
Francis Bennion (1984 Edn.), counsel contends that where, as
in the present case, the provisions of the later enactment (the
Act) are contrary to those of the earlier (the Code), the later
by implication repeals the earlier in accordance with the
maxim leges posteriores priores contrarias abrogant (later
laws abrogate earlier contrary laws). This is, however,
subject to the exception embodied in the maxim generalia
specialibus non derogant (a general provision does not
derogate from a special one).
31. One of the important tests to determine the issue of
implied repeal would be whether the provisions of the Act are
irreconcilably inconsistent with those of the Code that the
two cannot stand together or the intention of the legislature
was only to supplement the provisions of the Code. This
intention is to be ascertained from the provisions of the Act.
Courts lean against implied repeal. If by any fair
interpretation both the statutes can stand together, there will
be no implied repeal. If possible, implied repeal shall be
avoided. It is, however, correct that the presumption against
the intent to repeal by implication is overthrown if the new
law is inconsistent with or repugnant to the old law, for the
inconsistency or repugnancy reveals an intent to repeal the
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existing laws. Repugnancy must be such that the two statutes
cannot be reconciled on reasonable construction or
hypothesis. They ought to be clearly and manifestly
irreconcilable….”
26. An English decision of the England and Wales Court of
Appeal in Hamnett V. Essex County Council [2017] EWCA
Civ 6 has been placed before us to assert paragraph ’26’
therein, which says that:-
“26. To my mind, the answer lies in the well-known common
law doctrine of implied repeal: where the provisions of two
statutes cannot stand together, the later provisions prevail
and the earlier provisions are treated as repealed by
implication or amended to the extent necessary to remove the
inconsistency. As expressed in Bennion on Statutory
Interpretation (6th ed., 2013), at Section 87(1):
” Where a later enactment does not expressly
repeal an earlier enactment which it has power to
override, but the provisions of the later enactment
are contrary to those of the earlier, the later by
implication repeals the earlier in accordance with
the maxim leges posteriors priores contrarias
abrogant (later laws abrogate earlier laws). This is
subject to the exception embodied in the maxim
generalia specialibus non derogant…”
It must be underlined that the Court will not lightly invoke
the doctrine of implied repeal; necessary repeals are usually
effected expressly:
” The rule is, therefore, that one provision repeals
another by implication if, but only if, it is so
inconsistent with or repugnant to that other that
the two are incapable of standing together…..”
Halsbury’s Laws of England, Vol. 96 (2012 ed.), at
para. 698.
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See too, Ellen Street Estates Ltd. v Minister of Health [1934]
1 KB 590, at pp. 595-6 and 597; Thoburn v Sunderland City
Council [2002] EWHC 195 (Admin); [2003] QB 151, esp., at
[42] and following and [60], per Laws LJ (a decision dealing
with “constitutional statutes”, with which we are not
concerned). As to the exception or qualification spoken of by
Bennion, the doctrine is inapplicable or more difficult to
apply where the earlier enactment is particular and the later
general, in nature: see, Pattison v Finningley Internal
Drainage Bd. [1970] 2 QB 33, at pp. 37-39.”
27. It was, thus, argued that while the legislature was having a
complete knowledge of the existing law on the subject matter,
i.e. for determination of compensation, namely, the Act, 2013
being made applicable by the Central Government by virtue of
the notification issued under Section 113(1) of the Act’ 2013,
in relation to the acquisitions made under the Railways Act,
1989, but it does not provide repeal of the provisions
contained in Chapter IV-A, specifically Section 20-F(9) and
Section 20-O, while repealing the Railways (Amendment) Act,
2008 by virtue of the Repealing and Amending Act, 2016,
saving the provisions incorporated under the main enactment.
The intention of the legislature to retain the provisions
contained in Chapter IV-A along with the other provisions
incorporated by virtue of the Railways (Amendment) Act,
2008, i.e., not to repeal the existing Chapter IV-A under the
Railways Act, 1989, is clear.
28. The result is that the repeal by implication, i.e. by
application of the provisions of the 2013 Act by virtue of the
notification dated 28.08.2015 of the Central Government,
cannot be inferred. Both the aforesaid provisions contained in
Chapter IV-A of the Railways Act, 1989 and that of Sections
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26 to 30 of the Act’ 2013 in the matter of determination of
compensation and providing statutory benefits in a
compulsory acquisition for the ‘Special railway project’,
therefore, exist on the statute book.
29. The only question that remains to be seen by the Court is
whether there is a direct conflict between the provisions; or
the legislature intended to lay down the 2013 Act as an
exhaustive code in respect of application of the First, Second
and Third Schedules to the acquisitions made under the
enactments specified in the Fourth Schedule of the Act‘ 2013.
In other words, both the provisions of Section 20-F and 20-O
of the Railways Act, 1989 contained in Chapter IV-A of the
Railways Act, 1989 and the provisions of Section 26 to 30
(First, Second and Third Schedules) of the Act’ 2013 are
occupying the same field, and if so, whether they can co-exist
or have to be seen as competing enactments, i.e. whether
Sections 20-F and 20-O of the Railways Act, 1989 can be said
to be irreconcilably inconsistent with the provisions of
Sections 26 to 30 (First, Second and Third Schedules) of the
Act’ 2013.
30. The submission is that the Court has to examine whether
the provisions of the Act’ 2013, applied by the notification
dated 28th August, 2015 of the Central Government, are only
to supplement the provisions of the Railways Act, 1989. This
intention is to be ascertained from the provisions of the two
enactments keeping in mind that the court leans against
implied repeal and, if possible, implied repeal shall be
avoided.
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31. Further question is whether there is any inconsistency or
repugnancy which reveals an intent to repeal the existing
provision contained in the Chapter IV-A of the Railways Act,
1989, and which is such that the two statutes [provisions of
the Railways Act, 1989 and the 2013 Act] cannot be
reconciled on reasonable construction or hypothesis and are
clearly and manifestly irreconcilable.
32. Considering the abovenoted legal principles, we would
first like to go through the provisions of the Act’ 2013 which
have been pressed into service by the learned counsel for the
respondent Railways to assert that nothing beyond the
provisions contained therein can be awarded to the
petitioners / land owners.
33. The Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
repealing the Land Acquisition Act, 1894 has been enacted
with the idea to have a unified legislation dealing with the
acquisition of land; provide for just and fair compensation and
make adequate provisions for rehabilitation and resettlement
mechanism for the affected persons and their families. The
Bill provides for repealing and replacing the Land Acquisition
Act, 1894 with broad provisions for adequate rehabilitation
and resettlement mechanism for the project affected persons
and their families. [Ref: Statement of Objects and Reasons of
The Right to Fair Compensation and Transparency in Land
Acquisition and Resettlement Bill]
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34. The SOR of the RFCTLARR Act, 2013 states that there
had been heightening public concern on land acquisition,
especially multi-crop irrigated land, and there was no central
law to adequately deal with the issue of rehabilitation and
resettlement of displaced persons.
35. It states that as land acquisition and rehabilitation and
resettlement need to be seen as two sides of the same coin, a
single integrated law to deal with the issue of land acquisition
and rehabilitation and resettlement had become necessary.
The legislation, thus, proposed to address concern of farmers
and those whose livelihoods are dependent on the land being
acquired, while at the same time facilitating land acquisition
for industrialization, infrastructure and urbanization projects
in a timely and transparent manner.
36. It is further stated in the SOR that the National
Rehabilitation and Resettlement Policy, 2007 had been
formulated and with the notification in the official gazette,
became operative with effect from 31.10.2007. Besides that,
many State Governments, public sector undertakings and
agencies had their own resettlement and rehabilitation
policies.
37. On the application of the existing policy and the need to
ensure comprehensive compensation package and
rehabilitation and resettlement package for the land owners,
the relevant clauses in the SOR of RFCTLARR Bill, stated as
under:-
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“9. The National Rehabilitation and Resettlement Policy, 2007 has
been formulated on these lines to replace the National Policy on
Resettlement and Rehabilitation for Project Affected Families,
2003. The new policy has been notified in the Official Gazette and
has become operative with effect from the 31st October, 2007.
Many State Governments have their own Rehabilitation and
Resettlement Policies. Many Public Sector Undertakings or
agencies also have their own policies in this regard.
10. The law would apply when Government acquires land for its
own use, hold and control, or with the ultimate purpose to transfer
it for the use of private companies for stated public purpose or for
immediate and declared use by private companies for public
purpose. Only rehabilitation and resettlement provisions will apply
when private companies buy land for a project, more than 100
acres in rural areas, or more than 50 acres in urban areas. The
land acquisition provisions would apply to the area to be acquired
but the rehabilitation and resettlement provisions will apply to the
entire project area even when private company approaches
Government for partial acquisition for public purpose.
11. “Public purpose” has been comprehensively defined, so that
Government intervention in acquisition is limited to defence,
certain development projects only. It has also been ensured that
consent of at least 80 per cent, of the project affected families is to
be obtained through a prior informed process. Acquisition under
urgency clause has also been limited for the purposes of national
defence, security purposes and Rehabilitation and Resettlement
needs in the event of emergencies or natural calamities only.
12. To ensure food security, multi-crop irrigated land shall be
acquired only as a last resort measure. An equivalent area of
culturable wasteland shall be developed, if multi-crop land is
acquired. In districts where net sown area is less than 50 per cent,
of total geographical area, no more than 10 per cent. of the net
sown area of the district will be acquired.
13. To ensure comprehensive compensation package for the land
owners a scientific method for calculation of the market value of
the land has been proposed. Market value calculated will be
multiplied by a factor of two in the rural areas. Solatium will also
be increased upto 100 per cent. of the total compensation. Where
land is acquired for urbanization, 20 per cent. of the developed
land will be offered to the affected land owners.
14. Comprehensive rehabilitation and resettlement package for
land owners including subsistence allowance, jobs, house, one acre
of land in cases of irrigation projects, transportation allowance and
resettlement allowance is proposed.
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15. Comprehensive rehabilitation and resettlement package for
livelihood losers including subsistence allowance, jobs, house,
transportation allowance and resettlement allowance is proposed.
16. Special provisions for Scheduled Castes and the Scheduled
Tribes have been envisaged by providing additional benefits of 2.5
acres of land or extent of land lost to each affected family; one time
financial assistance of Rs. 50,000; twenty-five per cent. additional
rehabilitation and resettlement benefits for the families settled
outside the district; free land for community and social gathering
and continuation of reservation in the resettlement area, etc.
17. Twenty-five infrastructural amenities are proposed to be
provided in the resettlement area including schools and play
grounds, health centres, roads and electric connections, assured
sources of safe drinking water, Panchayat Ghars, Anganwadis,
places of worship, burial and cremation grounds, village level post
offices, fair price shops and seed-cum-fertilizers storage facilities.
18. The benefits under the new law would be available in all the
cases of land acquisition under the Land Acquisition Act, 1894
where award has not been made or possession of land has not been
taken.
19. Land that is not used within ten years in accordance with the
purposes, for which it was acquired, shall be transferred to the
State Government’s Land Bank. Upon every transfer of land
without development, twenty per cent. of the appreciated land
value shall be shared with the original land owners.
20. The provisions of the Bill have been made fully compliant with
other laws such as the Panchayats (Extension to the Scheduled
Areas) Act, 1996; the Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Land
Transfer Regulations in Fifth Scheduled Areas. 21. Stringent and
comprehensive penalties both for the companies and Government
in cases of false information, mala fide action and contravention of
the provisions of the propose legislation have been provided.
22. Certain Central Acts dealing with the land acquisition have
been enlisted in the Bill. The provisions of the Bill are in addition to
and not in derogation of these Acts. The provisions of this Act can
be applied to these existing enactments by a notification of the
Central Government.
23. The Bill also provides for the basic minimum requirements that
all projects leading to displacement must address. It contains a
saving clause to enable the State Governments, to continue to
provide or put in place greater benefit levels than those prescribed
under the Bill.
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24. The Bill would provide for the basic minimum that all projects
leading to displacement must address. A Social Impact Assessment
(SIA) of proposals leading to displacement of people through a
participatory, informed and transparent process involving all stake-
holders, including the affected persons will be necessary before
these are acted upon. The rehabilitation process would augment
income levels and enrich quality of life of the displaced persons,
covering rebuilding socio-cultural relationships, capacity building
and provision of public health and community services. Adequate
safeguards have been proposed for protecting rights of vulnerable
sections of the displaced persons.
38. From a bare reading of the entire SOR, it can be seen
that the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013
has been enacted to achieve the objectives of;
i. A unified legislation dealing with acquisition of
lands, providing for just and fair compensation and
making adequate provisions for rehabilitation and
resettlement mechanism for the affected persons and
their families.
ii. Besides containing provisions to ensure
comprehensive compensation package for the land
owners, comprehensive rehabilitation and resettlement
package including subsistence allowance, job, house,
etc., for livelihood of land losers, were conceived.
iii. Special provisions were made for the lands of
Scheduled Castes and Scheduled Tribes.
iv. And, the benefits under the new law have been
made available to all cases of land acquisition under the
Land Acquisition Act, 1894 where award had not been
made or possession of their land had not been taken.
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v. The provisions of the Act, 2013 are “in addition to
and not in derogation” of the existing Central laws
dealing with land acquisition enlisted in the Bill. It is
provided that the provisions of the Act, 2013 can be
applied to the existing enactments by a notification of
the Central Government.
39. Thus, the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act,
2013 has been enacted with effect from 01.01.2014 with a
view to provide greater benefits than those available under
the Land Acquisition Act, 1894 and the existing Central
enactments enlisted therein dealing with the land acquisition.
40. Several provisions have, thus, been incorporated in the
Act, 2013 in order to achieve the abovenoted objectives
mentioned in the SOR.
41. Section 26 provides for a scientific method for
calculation of the market value and a multiplication factor by
which the market value is to be multiplied in the case of rural
areas (as specified in the First Schedule). Solatium was
increased up to 100% of the total compensation and the
provisions for a rehabilitation and resettlement package
including the infrastructure facilities and basic minimum
amenities to be provided for the resettlement of populations
at the cost of the requisitioning authority, have been
incorporated in the First, Second and Third Schedule of the
Act, 2013.
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42. Chapter V encompassing the provisions of Sections 31 to
42 of the Act, 2013 are covering a comprehensive
rehabilitation and resettlement package for land owners
referable to the Second and Third Schedule of the Act, 2013
and special provisions for Scheduled Castes and Scheduled
Tribes. Fourth Schedule of the Act‘ 2013 contains the list of
Central enactments regulating land acquisition and
rehabilitation and resettlement, including the Railways Act,
1989, relevant for the present matter.
43. Sections 105 to 108 are the provisions which provide for
extension of the benefits of Act, 2013 in accordance with
First, Second and Third Schedule to the affected families by
notification of the Central Government and further
empowering the State Legislatures / State Government to
enact any law or policy more beneficial to the affected families
providing for higher compensation than provided under the
Act, 2013 for the acquisition of land, or offering more
beneficial rehabilitation and resettlement provisions to the
affected persons or their families.
44. Section 106 while empowering the Central Government
by notification to amend or alter any of the Schedules to the
Act, puts a caveat that such amendments or alteration in no
way reduce the compensation or dilute the provisions of the
Act relating to compensation or rehabilitation and
resettlement. Section 113 of the Act, 2013 empowers the
Central Government to issue any order, which as may appear
to it to be necessary or expedient for removal of the difficulty.
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45. For ready reference, Section 105 to 108 and Section 113
are reproduced hereunder:-
“105. Provisions of this Act not to apply in certain cases
or to apply with certain modifications.-
(1) Subject to sub-section (3), the provisions of this Act shall
not apply to the enactments relating to land acquisition
specified in the Fourth Schedule.
(2) Subject to sub-section (2) of section 106, the Central
Government may, by notification, omit or add to any of the
enactments specified in the Fourth Schedule.
(3) The Central Government shall, by notification, within one
year from the date of commencement of this Act, direct that
any of the provisions of this Act relating to the determination
of compensation in accordance with the First Schedule and
rehabilitation and resettlement specified in the Second and
Third Schedules, being beneficial to the affected families,
shall apply to the cases of land acquisition under the
enactments specified in the Fourth Schedule or shall apply
with such exceptions or modifications that do not reduce the
compensation or dilute the provisions of this Act relating to
compensation or rehabilitation and resettlement as may be
specified in the notification, as the case may be.
(4) A copy of every notification proposed to be issued under
sub-section (3), shall be laid in draft before each House of
Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the
session immediately following the session or the successive
sessions aforesaid, both Houses agree in disapproving the
issue of the notification or both Houses agree in making any
modification in the notification, the notification shall not be
issued or, as the case may be, shall be issued only in such
modified form as may be agreed upon by both the Houses of
Parliament.
106. Power to amend Schedule.-
(1) The Central Government may, by notification, amend or
alter any of the Schedules to this Act, without in any way
reducing the compensation or diluting the provisions of this
Act relating to compensation or rehabilitation and
resettlement.
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(2) A copy of every notification proposed to be issued under
sub-section (1), shall be laid in draft before each House of
Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the
session immediately following the session or the successive
sessions aforesaid, both Houses agree in disapproving the
issue of the notification or both Houses agree in making any
modification in the notification, the notification shall not be
issued or as the case may be, shall be issued only in such
modified form as may be agreed upon by both the Houses of
Parliament.
107. Power of State Legislatures to enact any law more
beneficial to affected families.-
Nothing in this Act shall prevent any State from enacting any
law to enhance or add to the entitlements enumerated under
this Act which confers higher compensation than payable
under this Act or make provisions for rehabilitation and
resettlement which is more beneficial than provided under
this Act.
108. Option to affected families to avail better
compensation and rehabilitation and resettlement.-
(1) Where a State law or a policy framed by the Government
of a State provides for a higher compensation than calculated
under this Act for the acquisition of land, the affected persons
or his family or member of his family may at their option opt
to avail such higher compensation and rehabilitation and
resettlement under such State law or such policy of the State.
(2) Where a State law or a policy framed by the Government
of a State offers more beneficial rehabilitation and
resettlement provisions under that Act or policy than under
this Act, the affected persons or his family or member of his
family may at his option opt to avail such rehabilitation and
resettlement provisions under such State law or such policy
of the State instead of under this Act.”
“113. Power to remove difficulties.-
(1) If any difficulty arises in giving effect to the provisions of
this Part, the Central Government may, by order, make such
provisions or give such directions not inconsistent with the
provisions of this Act as may appear to it to be necessary or
expedient for the removal of the difficulty:
Provided that no such power shall be exercised after the
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expiry of a period of two years from the commencement of
this Act.
(2) Every order made under this section shall be laid, as soon
as may be after it is made, before each House of Parliament.”
46. There is no quarrel to the application of the provisions of
the Act, 2013 in the matter of determination of compensation
as per the First Schedule referable to the provisions of
Sections 26 to 30 as contained in Chapter IV of the Act, 2013
and rehabilitation and resettlement provisions incorporated in
the Second and Third Schedule referable to Chapter V,
specifically Section 31(1) from 38(1), in view of the Removal
of Difficulties Order, 2015 notified under Section 113(1) of the
Act, 2013 by the Central Government.
47. From a careful reading of the notification dated
28.08.2015 of the Central Government (extracted
hereinbefore) extending the provisions of First, Second and
Third Schedule to all cases of land acquisition under the
enactments specified in the Fourth Schedule of the Act, 2013,
we may extract the objects and reasons for bringing the said
notification, at the cost of repetition, which reads as under:
“And whereas, the Central Government considers it necessary to
extend the benefits available to the land owners under the
RFCTLARK Act to similarly placed land owners whose lands are
acquired under the 13 enactments specified in the Fourth
Schedule; and accordingly the Central Government keeping in view
the aforesaid difficulties has decided to extend the beneficial
advantage to the land owners and uniformly apply the beneficial
provisions of the RFCTLARR Act, relating to the determination of
compensation and rehabilitation and resettlement as were made
applicable to cases of land acquisition under the said enactments in
the interest of the land owners;”
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48. A bare reading of the aforesaid indicates that it was
decided to extend the benefits available under the Act, 2013
relating to the determination of compensation, resettlement
and rehabilitation, uniformly, to cases of land acquisition
under the enactments enlisted in the Fourth Schedule, in the
interest of the land owners.
49. Section 103 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 further reads that:-
“103. Provisions to be in addition to existing laws.-
The provisions of this Act shall be in addition to and not in
derogation of, any other law for the time being in force.”
50. It was argued before us that the extension of benefits of
First, Second and Third Schedule of 2013 Act to cases of land
acquisitions under the enactments specified in the Fourth
Schedule, relating to the determination of compensation in
accordance with the First Schedule, rehabilitation and
resettlement in accordance with the Second Schedule and
infrastructure amenities in accordance with the Third
Schedule, shall have to be considered and applied in addition
to the existing benefits under the enlisted enactments, land
acquisition laws relating to compensation and rehabilitation
and resettlement, being a beneficial legislature and a statute
enacted in addition to and not in derogation of any other
existing Central enactment. The submission is that the
benefits extended under the provisions of Act, 2013 are to be
considered as incorporated over and above and in addition to
the benefits already available under the existing Central
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enactments enlisted in the Fourth Schedule of the Act, 2013,
pertaining to the acquisition in question.
51. It was placed before us that the language employed in
Section 103 of the Act, 2013 came up for consideration before
the Apex Court in Commr. & LAO v. S.V. Global Mill Ltd.
[2026 SCC OnLine SC 171], wherein the Apex Court
primarily deliberated on the interplay of Section 74 read with
Section 103 of the Act, 2013 and the incidental question
therein was about the application of the Land Acquisition Act,
1894 in cases where land acquisition proceedings were
initiated under the 1894 Act, but the award had been passed
after the commencement of the Act, 2013.
52. It was noted therein that the entire structure of Act,
2013 makes it abundantly clear that the Act was meant to
provide more benefits while ensuring a robust mechanism for
awarding just and fair compensation to the land owners.
53. It was held that the Act, 2013 is a beneficial legislation
safeguarding the interest of land owners while balancing the
needs of development in a humane, participative, informed
and transparent process. The Court must make a conscious
endeavor to give effect to its avowed objectives. Section 103
throws more light on the big structure of the legislation, as it
facilitates adequate borrowing from other enactments. In fact,
the completeness of the Act, 2013 comes from such
borrowing. The language of the provision, (Section 103) is
self-explanatory. It is both; positive and negative as it states
that the provisions of Act, 2013 are in addition to the existing
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laws, while clarifying that it is not in derogation of the same.
Section 103, as it is, defines the nature of the entire
enactment.
54. Taking note of Section 105 of the Act, 2013, it was
further observed therein that the said provision is in
consonance with Clause 22 of the Statement of Objects and
Reasons of the Act, 2013, (SOR) of 2013 Act which clearly
indicates that the provisions of Act, 2013 are “in addition to
and not in derogation of” Central Acts dealing with land
acquisition. Thus, from the scheme of the Act, 2013 through
its provisions in Sections 103 and 105, no specific embargo
with regard to application of other enactments can be found
under the Act, 2013. It was, thus, concluded in paragraph ’41’
by the Apex Court in Commr. & Lao (supra) that:-
” 41. To sum up:–
From the above analysis, we hold that the 2013 Act is a special law
and a complete code to a large extent, but does not bar any
assistance from the other enactments to give effect to its avowed
object. After all, we must not lose sight of the fact that the right to
get fair compensation is enshrined under Article 300A of the
Constitution and when the statute itself provides so, it must be
given effect to by the Court, notwithstanding any other possible
technical interpretation. In other words, the provisions of the 2013
Act are meant to give effect to its object and, therefore, any contra
interpretation would result in its destruction, and must be avoided
by the Court.
55. At this itself, meaning of the expression, “in addition to
and not in derogation of any other law”, construed by the
three judge bench of the Apex Court in KSL & Industries
Ltd. v. Arihant Threads Ltd. [(2015) 1 SCC 166], with
reference to paragraphs ’36’, ’39’ and ’49’ is also to be noted
as under:-
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“36*. Sub-section (2) was added to Section 34 of the RDDB
Act w.e.f. 17-1-2000 by Act 1 of 2000. There is no doubt that
when an Act provides, as here, that its provisions shall be in
addition to and not in derogation of another law or laws, it
means that the legislature intends that such an enactment
shall coexist along with the other Acts. It is clearly not the
intention of the legislature, in such a case, to annul or detract
from the provisions of other laws. The term “in derogation of”
means “in abrogation or repeal of”. The Black’s Law
Dictionary sets forth the following meaning for “derogation”:
“derogation.–The partial repeal or abrogation of a law
by a later Act that limits its scope or impairs its utility
and force.”
It is clear that sub-section (1) contains a non obstante clause,
which gives the overriding effect to the RDDB Act. Sub-
section (2) acts in the nature of an exception to such an
overriding effect. It states that this overriding effect is in
relation to certain laws and that the RDDB Act shall be in
addition to and not in abrogation of, such laws. SICA is
undoubtedly one such law.”
“39. There is no doubt that both are special laws. SICA is a
special law, which deals with the reconstruction of sick
companies and matters incidental thereto, though it is
general as regards other matters such as recovery of debts.
The RDDB Act is also a special law, which deals with the
recovery of money due to banks or financial institutions,
through a special procedure, though it may be general as
regards other matters such as the reconstruction of sick
companies which it does not even specifically deal with. Thus
the purpose of the two laws is different.”
49. The term “not in derogation” clearly expresses the
intention of Parliament not to detract from or abrogate the
provisions of SICA in any way. This, in effect must mean that
Parliament intended the proceedings under SICA for
reconstruction of a sick company to go on and for that
purpose further intended that all the other proceedings
against the company and its properties should be stayed
pending the process of reconstruction. While the term
“proceedings” under Section 22 of SICA did not originally
include the RDDB Act, which was not there in existence.
Section 22 covers proceedings under the RDDB Act.”
*[Ed. : Para 36 corrected vide Official Corrigendum No. F.3/Ed.B.J./61/2014 dated 25-11-
2014.]
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56. The literal meaning of the expression ‘in derogation of’,
set out in the Black’s Law Dictionary is, ‘in abrogation of’ or
‘repeal of’. The expression, ‘not in derogation’ clearly
expresses the intention of the legislature not to detract from
or abrogate the existing provisions of law, in the Central
enactment relating to land acquisition, as clarified in Section
103 read with Section 105 of the Act, 2013.
57. Moreover, purpose of two enactments being same, i.e.
providing for the procedure of land acquisition, determination
of compensation and rehabilitation and resettlement
provision, there being no overriding effect given to Act, 2013,
as held by the Apex Court in Commr. & Lao (supra), full
effect is to be given to the Act, 2013, notwithstanding any
other possible technical interpretation. Any contrary
interpretation which will result in destruction of the scheme
of Act, 2013 or making its provision redundant or negatory
must be avoided by the court.
58. Further, the Act, 2013, can be considered as a complete
code in the matter of acquisition, determination of
compensation and rehabilitation and resettlement, when it
facilitates borrowing from other enactments by virtue of
Section 103, and is made applicable to cases of acquisitions
under the Central enactment enlisted in the Fourth Schedule
by virtue of Section 105 read with Section 113.
59. The question which needs to be examined by us is that
“when two provisions are operating in the same field, whether
the provisions of Section 20-F(9) and Section 20-O of the
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Railways Act, 1989 can be said to be overlapping the
provisions contained in Section 30(1) of the Act, 2013
pertaining to solatium and Section 31(1) and Section 38(1)
pertaining to rehabilitation and resettlement award for
affected families in terms of the entitlements provided in the
Second Schedule and Third Schedule.
60. It is also to be examined by us “whether the provisions
of Act, 2013 in the matter of determination of compensation
and rehabilitation and resettlement package have enveloped
the similar provisions of the enactments enlisted in the Fourth
Schedule within its umbrella and the existing benefits under
said enactments are subsumed within the more beneficial
provisions provided in Act, 2013, since both are Central
enactments operating in the same field, and the former
Central enactments have been borrowed in the later Act of
2013, by virtue of Section 103 of the Act, 2013.”
61. In other words, we have to examine whether for the
mere fact that two sets of enactments, namely the prior
enlisted Central enactments in the Fourth Schedule of the Act,
2013 and the First Schedule of the later Act, 2013 are
operating in the same field, there can be any inference or
assumption of conflict, that too when no overriding effect has
been given to the provisions of the Act, 2013 rather the Act /
law of 2013 is an extension of the benefits already
enumerated in the Central enactments dealing with the cases
of land acquisition pertaining to different subject.
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62. We may further note the basic principle of statutory
interpretation that no part of the statute and no word of the
statute can be construed in isolation and the statutes have to
be construed so that every word has a place and everything is
in its place.
63. Interpretation must depend on the text and the context.
They are the basis of interpretation. The text is the texture,
whereas the context is what gives it colour. Neither can be
ignored. Both are important. That interpretation is best which
makes the textual interpretation match the contextual. A
statute is best interpreted when we know why it was enacted.
With this knowledge, the statute must be read, first as a whole
and then section by section, clause by clause, phrase by
phrase and word by word. If a statute is looked at, in the
context of its enactment, with the glasses of the statute-
maker, provided by such context, its scheme, the sections,
clauses, phrases and words may take colour and appear
different than when the statute is looked at without the
glasses provided by the context. With these glasses, the Court
must look at the Act as a whole and discover what each
section, each clause, each phrase and each word is meant and
designed to say as to fit into the scheme of the entire Act. No
part of a statute and no word of a statute can be construed in
isolation. Statutes have to be construed so that every word
has a place and everything is in its place. [Ref:- Paragraph
’33’ of the RBI v. Peerless General Finance & Investment
Co. Ltd. [(1987) 1 SCC 424]]
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64. The primary principle of interpretation is that a
Constitutional or statutory provision should be construed
“according to the intent of they that made it”. Normally, such
intent is gathered from the language of the provision. If the
language or the phraseology employed by the legislation is
precise and plain and thus by itself proclaims the legislative
intent in unequivocal terms, the same must be given effect to,
regardless of the consequences that may follow. But if the
words used in the provision are imprecise, protean or
evocative or can reasonably bear meanings more than one,
the rule of strict grammatical construction ceases to be a sure
guide to reach at the real legislative intent. In such a case, in
order to ascertain the true meaning of the terms and phrases
employed, it is legitimate for the Court to go beyond the arid
literal confines of the provision and to call in aid other well
recognised rules of construction, such as its legislative
history, the basic scheme and framework of the statute as a
whole, each portion throwing light on the rest, the purpose of
the legislation, the object sought to be achieved, and the
consequences that may flow from the adoption of one in
preference to the other possible interpretation. [Ref:- Chief
Justice of A.P. v. L.V.A. Dixitulu, [(1979) 2 SCC 34]]
65. One of the Canons of construction applied to
interpretation of statute in case of ambiguity or uncertainty in
the expression in the language of the statute, is that, where
two alternative constructions are possible, the court must
choose the one which will be in accord with the other parts of
the statute and ensure its smooth, harmonious working, and
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eschew the other which leads to absurdity, confusion, or
friction, contradiction and conflict between its various
provisions, or undermines, or tends to defeat or destroy the
basic scheme and purpose of the enactment.
66. Mr.Maulik G. Nanavati, the learned advocate for the
petitioners heavily relying upon para ’78’ of the judgment of
the Apex Court in Commr. & Lao (supra), would vehemently
argue that taking into account of the intent of Section 103 of
the Act’ 2013, which clarifies that 2013 Act is “in addition to
and not in derogation of the existing law”, any interpretation
of Section 30(1) of the Act’ 2013 being inclusive of Section 20-
F(9) of the Railways Act‘ 1989 would make Section 103 of Act’
2013 redundant and otiose. The submission is that when the
legislature introduces a provision, there can be no
interpretation in ignorance of it. Such an ignorant
interpretation would be dangerous, as it would amount to
striking down the very provision itself even without a
challenge.
67. The contention, thus, is that by reading of Section 20-F(9)
and the provisions of Section 30(1) of the Act’ 2013, it is to be
held that both the provisions would operate together in a case
of acquisition of lands for a ‘Special railway project’ under the
scheme of the Railways Act‘ 1989 and an additional sum of
60% on the market value determined by the competent
authority shall have to be paid, over and above the amount
paid under Section 30(1) as Solatium, equal to 100% of the
compensation amount. The submission is that additional
amount of 60% as contemplated in Section 20-F(9) cannot
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even be strictly termed as Solatium within the meaning of
Section 30(1) of the Act’ 2013 and in any case, it will not be
subsumed in the said provision of the Act’ 2013 in view of
Section 103 of the Act’ 2013 and the scheme of 2013 Act that
the benefits provided therein are in addition to the benefits
incorporated in the existing land acquisition laws.
68. The result is that as per the contention of the learned
counsel for the petitioner, additional amount of 60% as per
Section 20-F(9), if held not payable in an acquisition for
“Special railways project”, it would render the said provision
otiose or redundant, which would be contrary to the
legislative intent.
69. Further, relying upon paras ‘8’ and ’13’ of Dhanraj v.
Vikram Singh [2023 SCC OnLine SC 724], it was argued
that the law is well settled. There is always a presumption of
constitutionality in favour of a statutory provision and in
absence of any challenge to the provisions of Section 20-F(9)
by the Railways Authority, this Court would desist from
ignoring the same in the matter of determination of
compensation under the Railways Act, 1989 for “Special
railways project”.
70. Relying upon Chandran Pillai v. Joint Registrar of Co-
Operative Societies (General) [2019 SCC OnLine Ker
1646] (emphasis on paragraph ’14’), it was argued that well
established norms and principles of statutory interpretation is
that no Court can render provisions of a Statute, especially
when they are not challenged, nugatory or redundant.
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71. Relying upon paras ’13’ and ’14’ of the Commr. & Lao
(supra), it was submitted that it is well settled that beneficial
or welfare statutes should be given a liberal and not literal or
strict interpretation. Words occurring in statutes of liberal
import are not put in Procrustean beds or shrunk to Lilliputian
dimensions. In construing these legislations the imposture of
literal construction must be avoided and the prodigality of its
misapplication must be recognised and reduced. Judges ought
to be more concerned with the “colour”, the “content” and the
“context” of such statutes [borrowed from Lord Wilberforce’s
opinion in Prenn v. Simmonds, [[1971] 3 All ER 237 (HL)]
therein. If two views are possible, the view which accords with
the beneficial object sought to be achieved by the legislation,
is obviously the preferred view.
72. Lastly, the decision in State of M.P. v. Rakesh Kohli
[(2012) 6 SCC 312] has been pressed into service to urge
that the Court cannot legislate or sit over the wisdom of
legislation and hardship to any of the parties, is no ground to
nullify statutory provision.
73. Mr.Ankit Shah, the learned advocate appearing for the
respondent Railways, in rebuttal, would rely upon the decision
in NHAI v. P. Nagaraju [(2022) 15 SCC 1] to submit that
the Apex Court, on a comparison of the provisions of the
National Highways Act‘ 1956 and the Act of 2013, has held
therein that the provision of National Highways Act‘ 1956
providing for statutory parameters to be taken into
consideration under Section 3G(7)(a), only provides for basic
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statutory parameters for determining the amount payable as
compensation. While applying the same parameters for
determination of compensation, since the RFCTLARR Act,
2013 is also applicable as the NH Act is contained in the
Fourth Schedule, the factors as provided under Sections 26
and 28 of RFCTLARR Act, 2013, have been held applicable in
appropriate cases for determination of the market value as
fair compensation for the acquired land.
74. It was observed therein that Articles 300A and 31A of the
Constitution have to be borne in mind in a case where the
land is acquired from a citizen, since the deprivation of
property should be with the authority of law, after being duly
compensated. Such law would provide for adequately
compensating the land looser keeping in view the market
value. Though each enactment may have a different procedure
prescribed for the process of acquisition depending on the
urgency, the method of determining the compensation cannot
be different as the market value of the land and the hardship
faced due to deprivation of the property would be the same
irrespective of the Act under which it is acquired or the
purpose for which it is acquired.
75. It was, thus, held that Section 28 of the Act’ 2013
providing for parameters to be considered by the Collector for
determination of award shall be held applicable in addition to
and, over and above, the basic parameters mentioned in
Section 3G(7).
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76. Reliance is further placed on the decision of the Apex
Court in the case of Union of India v. Tarsem Singh
[(2019) 9 SCC 304], to submit that the Apex Court therein
considering the objects and reasons led to the 1997
amendment in the National Highways Act, 1956 has held that
the amendments have been brought with the limited object to
expedite the process of land acquisition by avoiding inordinate
delay therein.
77. The object of the Amendment Act, 1997 was fulfilled by
providing a scheme different from that contained in the Land
Acquisition Act, 1894, inasmuch as, its limited object is to
expedite the process of land acquisition by avoiding inordinate
delay therein. However, in friction from the provisions of the
Land Acquisition Act, 1894, the matter of granting of
compensation without Solatium and interest is not basically
and essentially necessary to carry out object of the 1997 Act.
It was, thus, held that exclusion of the benefits of Solatium
and interest for acquisitions under the National Highways Act,
1956 was against the spirit of Article 300A of the Constitution
of India and such a provision would not receive the protective
umbrella of Article 31C, as it leads to infraction of Article 14
applicable in the case of acquisition of lands under different
enactments.
78. It was argued before us that the Apex Court in Tarsem
Singh (supra), relying upon Nagpur Improvement Trust v.
Vithal Rao, [(1973) 1 SCC 500], has categorically held that
it is not possible to discriminate between landowners whose
lands have been acquired for other public purposes under the
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Land Acquisition Act, 1894 and the Act’ 2013, and under the
National Highways Act 1956, inasmuch as, in case of
differential treatment of one owner from another equally
situated owner whose lands are acquired under enactments,
he can claim the protection of Article 14.
79. The submission, thus, is that looking to the object and
purpose of bringing amendment in the National Highways Act,
1956 to speed up the process of acquisition for highway
projects, it was held therein that the provisions of the Act,
1894 and Act, 2013 would apply to acquisitions under the
National Highways Act, 1956 and Section 3J of the Act, 1956,
and the provisions excluding applicability of the Land
Acquisition Act, 1894 would have to be held unconstitutional,
to the extent of denial of Solatium and interest.
80. The submission of Mr.Shah, thus, is that keeping in mind
the provisions of the Act’ 2013 and the Railways Act, it is to
be seen that both Section 20-F (9) of the Railways Act and
Section 30(1) of the Act, 2013 are providing for the same
benefits, inasmuch as, the language employed in Section 20-
F(9) that additional sum of 60% on the market value
determined by the competent authority or the arbitrator shall
be paid “in consideration of the compulsory nature of
acquisition” clearly indicates that the sum of 60% mentioned
therein is nothing but solatium, which is payable in
consideration of the compulsory nature of the acquisition as
discussed by the Apex Court in Tarsem Singh (supra).
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81. As the solatium amount payable to the landowners in
consideration of the compulsory nature of acquisition has
been increased to 100% of the compensation amount, as
against 60% payable under Section 20-F(9) of the Railways
Act, 1989, the Solatium amount awarded under Section 30(1)
of the Act, 2013, in the present case of acquisition of lands for
‘Special Railway Project’ under the Railways Act, 1989, would
satisfy the requirement of awarding additional amount in
consideration of the compulsory nature of acquisition. The
petitioners are not entitled for any additional amount beyond
100% of the compensation determined as per section 30(1) of
the Act, 2013 and all arguments made in that regard on the
premise of Section 103 of the Act, 2013 are misconceived and
liable to be turned down.
ANALYSIS:-
82. Keeping in mind the principles enunciated above, we will
first have to peep into the historical background of the
provisions of Land Acquisition Act, 1894, the Railways Act,
1989 and the Right To Fair Compensation And Transparency
In Land Acquisition, Rehabilitation And Resettlement Act,
2013 (Act of 2013), as also the concept of “Solatium” or the
“additional amount payable in consideration of the
compulsory nature of the acquisition” under the scheme of the
aforesaid three enactments.
83. As noted hereinabove, admittedly the only provision which
dealt with the acquisition of lands for the railway projects
prior to the Amendment Act 11 of 2008 with effect from
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31.01.2008, was the Land Acquisition Act‘ 1894. Thus, for
acquisition of any private land for railway projects prior to
31.01.2008, the provisions of the Land Acquisition Act, 1894
were invoked.
84. The Railway Amendment Bill, 2008 seeking to amend the
Railways Act, 1989 by the Railway Amendment Act, 2008 has
been brought with the objective for completion of ‘Special
railway projects’ on expeditious basis in a time scheduled
manner.
85. The need felt was to bring an amendment in the Railways
Act, 1989 to empower the Central Government (Ministry of
Railways), for land acquisition on fast track basis for ‘Special
railway projects’ on the lines of the land acquisition provisions
available in the National Highways Act, 1956. The object and
reasons of bringing the Amendment Act 2008, as noted
hereinabove was, thus, to incorporate the provisions for :-
(i) providing time schedule for acquisition of ‘Special
railway projects’;
(ii) incorporating expeditious mechanism of arbitration
process to resolve the dispute relating to amount of
compensation;
(iii) to apply the provisions of National Rehabilitation
and Resettlement Policy of 2007 to safeguard the
interest of persons affected by land acquisition for
‘Special railway projects’, by incorporating Section 20-O
therein.
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86. In totality, the object was to strike a balance between
creation of critical basic infrastructure in the country in order
to have sustainable economic growth and development and
protecting the interest of persons whose land is acquired.
87. The Railways Amendment Act, 2008, thus, made departure
from the provisions relating to the determination of
compensation under Land Acquisition Act, 1894 by
incorporating Section 20-F, providing for additional amount of
60% to be paid to the land owner in consideration of
compulsory nature of acquisition and for extension of the
Rehabilitation and Resettlement Policy, 2007 notified by the
Government of India to the displaced persons as per Section
20-O. Section 20-N further excludes application of the Land
Acquisition Act‘ 1894 to acquisitions under the Railways Act.
88. The statement pertaining to financial memorandum of the
Railways Amendment Bill, 2008 (Bill Number 19 of 2008),
makes it clear that 60% amount in addition to the market
value, invariably to be paid to the land owners, is solatium in
consideration of the compulsory nature of acquisition.
89. It can, thus, be seen that while making departure from the
provisions of the Land Acquisition Act, 1894, for a ‘Special
railway project’, Chapter IV-A incorporated in the Railways
Act, 1989, empowered the Central Government to make
acquisitions for execution of a ‘Special railway project’, while
providing criteria for determination of market value, deposit
and payment of amount, right to enter into the land subject
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matter of acquisition, and for application of the National
Rehabilitation and Resettlement Policy, 2007.
90. The entire Chapter IV-A, inserted by the Railways
Amendment Act, 2008, is to be extracted hereinunder:-
“[CHAPTER IV-A:- LAND ACQUISITION FOR A SPECIAL
RAILWAY PROJECT20-A. Power to acquire land, etc.–
(1) Where the Central Government is satisfied that for a public
purpose any land is required for execution of a special railway project,
it may, by notification, declare its intention to acquire such land.
(2) Every notification under sub-section (1), shall give a brief
description of the land and of the special railway project for which the
land is intended to be acquired.
(3) The State Government or the Union territory, as the case may be,
shall for the purposes of this section, provide the details of the land
records to the competent authority, whenever required.
(4) The competent authority shall cause the substance of the
notification to be published in two local newspapers, one of which
shall be in a vernacular language.
20-B. Power to enter for survey, etc.–
On the issue of a notification under sub-section (1) of section 20A, it
shall be lawful for any person, authorised by the competent authority
in this behalf, to–
(a) make any inspection, survey, measurement, valuation or enquiry;
(b) take levels;
(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of work;
(e) mark such levels, boundaries and lines placing marks and cutting
trenches; or
(f) do such other acts or things as may be considered necessary by the
competent authority.
20-C. Evaluation of damages during survey, measurement, etc.
—
The damages caused while carrying out works on land such as survey,
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digging or boring sub-soil, marking boundaries or cutting trenches or
clearing away any standing crop, fence or forest or doing such other
acts or things which may cause damages while acting under section
20B particularly relating to land which is excluded from acquisition
proceeding, shall be evaluated and compensation shall be paid to the
persons having interest in that land, within six months from the
completion of the said works.
20-D. Hearing of objections, etc.–
(1) Any person interested in the land may, within a period of thirty
days from the date of publication of the notification under sub-section
(1) of section 20A, object to the acquisition of land for the purpose
mentioned in that sub-section.
(2) Every objection under sub-section, (1), shall be made to the
competent authority in writing, and shall set out the grounds thereof
and the competent authority shall give the objector an opportunity of
being heard, either in person or by a legal practitioner, and may, after
hearing all such objections and after making such further enquiry, if
any, as the competent authority thinks necessary, by order, either
allow or disallow the objections.
Explanation.–For the purposes of this sub-section, “legal practitioner”
has the same meaning as in clause (i) of sub-section (1) of section 2 of
the Advocates Act, 1961(25 of 1961).
(3) Any order made by the competent authority under sub-section (2)
shall be final.
20-E. Declaration of acquisition.–
(1) Where no objection under sub-section (1) of section 20D has been
made to the competent authority within the period specified therein or
where the competent authority has disallowed the objections under
sub-section (2) of that section, the competent authority shall, as soon
as may be, submit a report accordingly to the Central Government and
on receipt of such report, the Central Government shall declare, by
notification, that the land should be acquired for the purpose
mentioned in sub-section (1) of section 20A.
(2) On the publication of the declaration under sub-section (1), the
land shall vest absolutely in the Central Government free from all
encumbrances.
(3) Where in respect of any land, a notification has been published
under sub-section (1) of section 20A for its acquisition, but no
declaration under sub-section (1) of this section has been published
within a period of one year from the date of publication of that
notification, the said notification shall cease to have any effect:
Provided that in computing the said period of one year, the period
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during which any action or proceedings to be taken in pursuance of
the notification issued under sub-section (1) of section 20A is stayed
by an order of a court shall be excluded.
(4) A declaration made by the Central Government under sub-section
(1) shall not be called in question in any court or by any other
authority.
20-F. Determination of amount payable as compensation.–
(1) Where any land is acquired under this Act, there shall be paid an
amount which shall be determined by an order of the competent
authority.
(2) The competent authority shall make an award under this section
within a period of one year from the date of the publication of the
declaration and if no award is made within that period, the entire
proceedings for the acquisition of the land shall lapse:
Provided that the competent authority may, after the expiry of the
period of limitation, if he is satisfied that the delay has been caused
due to unavoidable circumstances, and for the reasons to be recorded
in writing, he may make the award within an extended period of six
months:
Provided further that where an award is made within the extended
period, the entitled person shall, in the interest of justice, be paid an
additional compensation for the delay in making of the award, every
month for the period so extended, at the rate of not less than five per
cent. of the value of the award, for each month of such delay.
(3) Where the right of user or any right in the nature of an easement
on, any land is acquired under this Act, there shall be paid an amount
to the owner and any other person whose right of enjoyment in that
land has been affected in any manner whatsoever by reason of such
acquisition, an amount calculated at ten per cent. of the amount
determined under sub-section (1), for that land.
(4) Before proceeding to determine the amount under sub-section (1)
or sub-section (3), as the case may be, the competent authority shall
give a public notice published in two local newspapers, one of which
shall be in a vernacular language inviting claims from all persons
interested in the land to be acquired.
(5) Such notice shall state the particulars of the land and shall require
all persons interested in such land to appear in person or by an agent
or by a legal practitioner referred to in sub-section (2) of section 20D,
before the competent authority, at a time and place and to state the
nature of their respective interest in such land.
(6) If the amount determined by the competent authority under sub-
section (1) or as the case may be, sub-section (3) is not acceptable to
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either of the parties, the amount shall, on an application by either of
the parties, be determined by the arbitrator to be appointed by the
Central Government in such manner as may be prescribed.
(7) Subject to the provisions of this Act, the provisions of the
Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to
every arbitration under this Act.
(8) The competent authority or the arbitrator while determining the
amount of compensation under sub-section (1) or sub-section (6), as
the case may be, shall take into consideration–
(a) the market value of the land on the date of publication of the
notification under section 20A;
(b) the damage, if any sustained by the person interested at the
time of taking possession of the land, by reason of the severing of
such land from other land;
(c) the damage, if any, sustained by the person interested at the
time of taking possession of the land, by reason of the acquisition
injuriously affecting his other immovable property in any manner,
or his earnings;
(d) if, in consequences of the acquisition of the land, the person
interested is compelled to change his residence or place of
business, the reasonable expenses, if any, incidental to such
change.
(9) In addition to the market-value of the land as above provided, the
competent authority or the arbitrator, as the case may be, shall in
every case award a sum of sixty per centum on such market-value, in
consideration of the compulsory nature of the acquisition.
20-G. Criterion for determination of market-value of land.–
(1) The competent authority shall adopt the following criteria in
assessing and determining the market-value of the land,–
(i) the minimum land value, if any, specified in the Indian Stamp
Act, 1899 (2 of 1899), for the registration of sale deeds in the area,
where the land is situated; or
(ii) the average of the sale price for similar type of land situated in
the village or vicinity, ascertained from not less than fifty per cent.
of the sale deeds registered during the preceding three years,
where higher price has been paid, whichever is higher.
(2) Where the provisions of sub-section (1) are not applicable for the
reason that:–
(i) the land is situated in such area where the transactions in land
are restricted by or under any other law for the time being in force
in that area; orPage 50 of 72
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(ii) the registered sale deeds for similar land as mentioned in
clause (i) of sub-section (1) are not available for the preceding
three years; or
(iii) the minimum land value has not been specified under the
Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority,
the concerned State Government shall specify the floor price per
unit area of the said land based on the average higher prices paid
for similar type of land situated in the adjoining areas or vicinity,
ascertained from not less than fifty per cent. of the sale deeds
registered during the preceding three years where higher price
has been paid, and the competent authority may calculate the
value of the land accordingly.
(3) The competent authority shall, before assessing and determining
the market-value of the land being acquired under this Act,–
(a) ascertain the intended land use category of such land; and
(b) take into account the value of the land of the intended category
in the adjoining areas or vicinity, for the purpose of determination
of the market-value of the land being acquired.
(4) In determining the market-value of the building and other
immovable property or assets attached to the land or building which
are to be acquired, the competent authority may use the services of a
competent engineer or any other specialist in the relevant field, as
may be considered necessary by the competent authority.
(5) The competent authority may, for the purpose of determining the
value of trees and plants, use the services of experienced persons in
the field of agriculture, forestry, horticulture, sericulture, or any other
field, as may be considered necessary by him.
(6) For the purpose of assessing the value of the standing crops
damaged during the process of land acquisition proceedings, the
competent authority may utilise the services of experienced persons in
the field of agriculture as he considers necessary.
20-H. Deposit and payment of amount.–
(1) The amount determined under section 20F shall be deposited by
the Central Government, in such manner as may be prescribed by that
Government, with the competent authority before taking possession of
the land.
(2) As soon as may be after the amount has been deposited under sub-
section (1), the competent authority shall on behalf of the Central
Government pay the amount to the person or persons entitled thereto.
(3) Where several persons claim to be interested in the amount
deposited under sub-section (1), the competent authority shall
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determine the persons who in its opinion are entitled to receive the
amount payable to each of them.
(4) If any dispute arises as to the apportionment of the amount or any
part thereof or to any person to whom the same or any part thereof is
payable, the competent authority shall refer the dispute to the
decision of the principal civil court of original jurisdiction within the
limits of whose jurisdiction the land is situated.
(5) Where the amount determined under section 20F by the arbitrator
is in excess of the amount determined by the competent authority, the
arbitrator may award interest at nine per cent. per annum on such
excess amount from the date of taking possession under section 20-I
till the date of actual deposit thereof.
(6) Where the amount determined by the arbitrator is in excess of the
amount determined by the competent authority, the excess amount
together with interest, if any, awarded under sub-section (5) shall be
deposited by the Central Government, in such manner as may be
prescribed by that Government, with the competent authority and the
provisions of sub-sections (2) to (4) shall apply to such deposit.
20-I Power to take possession.–
(1) Where any land has vested in the Central Government under sub-
section (2) of section 20E, and the amount determined by the
competent authority under section 20F with respect to such land has
been deposited under sub-section (1) of section 20H with the
competent authority by the Central Government, the competent
authority may, by notice in writing, direct the owner as well as any
other person who may be in possession of such land to surrender or
deliver possession thereof to the competent authority or any person
duly authorised by it in this behalf within a period of sixty days of the
service of the notice.
(2) If any person refuses or fails to comply with any direction made
under sub-section (1), the competent authority shall apply–
(a) in case of any land situated in any area falling within the
metropolitan area, to the Commissioner of Police;
(b) in case of any land situated in any area other than the area
referred to in clause (a), to the Collector of a district,
And such Commissioner or Collector, as the case may be, shall
enforce the surrender of the land, to the competent authority or to
the person duly authorised by it.
20-J. Right to enter into land where land has vested in Central
Government.–
Where the land has vested in the Central Government under section
20E, it shall be lawful for any person authorised by the Central
Government in this behalf, to enter and do other act necessary upon
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the land for carrying out the building, maintenance, management or
operation of the special railway project or part thereof or any other
work connected therewith.
20-K. Competent authority to have certain powers of civil court.
—
The competent authority shall have, for the purposes of this Act, all
the powers of a civil court while trying a suit under the Code of Civil
Procedure, 1908 (5 of 1908) in respect of the following matters,
namely:
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.
20-L. Utilisation of land for the purpose it is acquired.–
(1) The land acquired under this Act shall not be transferred to any
other purpose except for a public purpose, and after obtaining the
prior approval of the Central Government.
(2) When any land or part thereof, acquired under this Act remains
unutilised for a period of five years from the date of taking over the
possession, the same shall return to the Central Government by
reversion.
20-M. Sharing with landowners the difference in price of a land
when transferred for a higher consideration.–
Whenever any land acquired under this Act is transferred to any
person for a consideration, eighty per cent. of the difference in the
acquisition cost and the consideration received, which in no case shall
be less than the acquisition cost, shall be shared amongst the persons
from whom the lands were acquired or their heirs, in proportion to the
value at which the lands were acquired, and for the purpose, a
separate fund may be maintained which shall be administered by the
competent authority in such manner as may be prescribed by the
Central Government.
20-N. Land Acquisition Act 1 of 1894 not to apply.–
Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition
under this Act.
20-O. Application of the National Rehabilitation and
Resettlement Policy, 2007 to persons affected due to land
acquisition.–
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The provisions of the National Rehabilitation and Resettlement Policy,
2007 for project affected families, notified by the Government of India
in the Ministry of Rural Development vide number F. 26011/4/2007-
LRD dated the 31st October, 2007, shall apply in respect of acquisition
of land by the Central Government under this Act.
20-P. Power to make rules in respect of matters in this Chapter.
—
(1) The Central Government may, by notification, make rules to carry
out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:–
(a) the manner of appointment of arbitrator under sub-section (6)
of section 20F;
(b) the manner in which the amount shall be deposited with the
competent authority under sub-sections (1) and (6) of section 20H;
(c) the manner of maintenance and administration of separate fund
for the purposes of section 20M.]
91. On a comparison of the aforesaid provisions with the
scheme of the Land Acquisition Act, 1894, we may note that
vesting of the acquired land is preponed in the Railways Act,
1989, with the publication of the declaration under sub-
section (1) of Section 20-E, in a departure from Section 16 of
the Land Acquisition Act, 1894 where vesting would take
place only upon taking of possession by the Collector after
making an award under Section 11, except in cases of urgency
notified under Section 17(1) of the Act, 1894, where the right
to object given to the land owners under Section 5-A would be
dispensed with.
92. On a further comparison of the provisions of Section 20-F
and the provisions of Act, 1894 in respect of determination of
compensation, it may be noted that there is no departure
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except for providing a mechanism of arbitration process in a
case where the amount determined by the competent
authority is not acceptable to either of the parties.
93. The parameters to be considered in determining
compensation under Section 20-F(8), as compared to Section
23 of the Land Acquisition Act, 1894, are basic and
comparable to the parameters provided therein to be
considered by the Court, inasmuch as, the amount determined
under the award passed under Section 11 of the Act, 1894
was considered as an offer given by the acquiring body, and
challenge to the same by the acquiring body, as such, was not
permissible under the 1894′ Act.
94. Further, Section 20-F(9)can be compared to Section 23(2)
of the Land Acquisition Act 1894, which reads as under :-
“23. Matters to be considered in determining
compensation:-
(1)….
(2) In addition to the market-value of the land, as above
provided, the Court shall in every case award a sum of thirty per
centum] on such market-value, in consideration of the
compulsory nature of the acquisition”
95. The language employed in both the provisions is virtually
the same with the only difference that the Land Acquisition
Act, 1894 provided to award a sum of 30% as solatium
whereas Section 20-F(9) of the Railways Act, 1989 provides
for 60% in consideration of the compulsory nature of
acquisition.
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96. Before embarking on further discussion for making
comparison with the 2013 Act, we may note, at this juncture,
the meaning of the expression “solatium” as construed by the
Constitution Bench of the Apex Court in Sunder v. Union of
India [(2001) 7 SCC 211]. Relevant paras ’21’ and ’22’
thereof are to be noted:-
“21. It is apposite in this context to point out that during the
enquiry contemplated under Section 11 of the Act the Collector has
to consider the objections which any person interested has stated
pursuant to the notice given to him. It may be possible that a
person so interested would advance objections for highlighting his
disinclination to part with the land acquired on account of a variety
of grounds, such as sentimental or religious or psychological or
traditional, etc. Section 24 emphasises that no amount on account
of any disinclination of the person interested to part with the land
shall be granted as compensation. That aspect is qualitatively
different from the solatium which the legislature wanted to provide
‘in consideration of the compulsory nature of the acquisition’.
22. Compulsory nature of acquisition is to be distinguished from
voluntary sale or transfer. In the latter, the landowner has the
widest advantage in finding out a would-be buyer and in
negotiating with him regarding the sale price. Even in such
negotiations or haggling, normally no landowner would bargain for
any amount in consideration of his disinclination to part with the
land. The mere fact that he is negotiating for sale of the land would
show that he is willing to part with the land. The owner is free to
settle terms of transfer and choose the buyer as also to appoint the
point of time when he would be receiving consideration and
parting with his title and possession over the land. But in the
compulsory acquisition the landowner is deprived of the right and
opportunity to negotiate and bargain for the sale price. It depends
on what the Collector or the court fixes as per the provisions of the
Act. The solatium envisaged in sub-section (2) “in consideration of
the compulsory nature of the acquisition” is thus not the same as
damages on account of the disinclination to part with the land
acquired.”
97. The Apex Court in Tarsem Singh (supra), noticing the
nature of solatium and referring to the law laid down in
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Sundar (supra), has held that the concept of solatium is that
it is paid to the landowner on account of the fact that the
landowner, who may not be willing to part with his land, has
to do so and that too at a value fixed legislatively and not
through negotiation, by which, arguably, such landowner
would get the best price for the property to be sold.
98. It is, thus, clear that ‘solatium’, which is part and parcel of
the compensation, is payable in view of the compulsory
acquisition of land and is to be distinguished from a voluntary
sale or transfer where the owner is free to settle terms of
transfer and choose the buyer, as also the point of time when
he would be receiving compensation and parting with his title
and possession of the land. As this opportunity to negotiate
and bargain for the sale price and the time to part with the
title and possession of the land has been taken away from the
landowner in a compulsory acquisition, he is entitled to
solatium as was envisaged in sub-section (2) of Section 23 of
the Act, 1894 “in consideration of the compulsory nature of
the acquisition”.
99. Thus, we find that the Solatium @30%, the amount in
addition to the market value as provided in sub-section (2) of
Section 23 of the Land Acquisition Act, 1894, incorporated in
the Railways Act 1989 by the Amendment Act 2008 has been
raised to 60% in cases of acquisition of land for the execution
of its ‘Special railway projects’.
100. In other words, on a comparison of the provisions of two
enactments, i.e. the Land Acquisition Act 1894 and the
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Railways Act 1989 amended by the Act 2008, in the matter of
determination of compensation, it is evident that solatium @
60% in addition to the market value has been provided for,
invariably to be paid to the landowners in consideration of the
compulsory nature of acquisition for a ‘Special railway
project’, in place of 30% as was earlier payable for the same
project under the Land Acquisition Act, 1894.
101. With the above historical background of two enactments
holding the field of land acquisition for railway projects prior
to the Amendment Act 2008 and subsequent thereto, when we
look to the provisions of the Act’ 2013 came into force w.e.f.
01.01.2014, in the matter of the determination of
compensation, admittedly even for acquisition of land for a
‘Special railway project’, as noted hereinbefore, the 2013 Act
is a major departure from the regime of the Land Acquisition
Act 1894, which was a general law relating to acquisition of
land for public purposes.
102. From the Statement of Objects and Reasons of the 2013
Act, the Act had been proposed as a unified legislation dealing
with the acquisition of land providing for just and fair
compensation and making adequate provision for a
rehabilitation and resettlement mechanism for affected
persons and their families.
103. While making provisions in the RFCTLARR Act 2013, the
legislature has also incorporated other Central enactments
dealing with land acquisition enlisted in the Fourth Schedule,
with respect to which the provisions of the 2013 Act could be
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applied by notification of the Central Government. The
Central Government notification dated 28.08.2015 provided
for the application of the provisions of the RFCTLARR Act
2013 relating to the determination of compensation in
accordance with the First Schedule and rehabilitation and
resettlement in accordance with the Second Schedule, and
further infrastructure amenities in accordance with the Third
Schedule to all cases of land acquisition under the enactments
specified in the Fourth Schedule of the Act 2013.
104. Meaning thereby, a unified procedure in the matter of
determination of compensation in accordance with the First
Schedule of the Act‘ 2013 has been applied to cases of
acquisition under the Railways Act‘ 1989 included at item No.
’13’ in the Fourth Schedule.
105. As a result, all the monetary benefits under the
provisions of the Right To Fair Compensation And
Transparency In Land Acquisition, Rehabilitation And
Resettlement Act, 2013 (2013 Act) relating to determination
of compensation in accordance with the First schedule
including solatium equal to 100% of the compensation amount
(as per Section 30(1)) are payable as components of
compensation package in respect of land acquired under the
Railways Act, 1989.
106. There is no dispute about the fact that the compensation
amount determined under the awards with respect to the land
in question, in the present case, is in line with the First
Schedule of the Act, 2013.
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107. The only issue for our consideration is as to whether the
60% of solatium amount provided in Section 20-F(9) is
payable in addition to the solatium of 100% already
determined as per the First Schedule (Section 30(1) of the
2013 Act; or the said 60% amount under Section 20-F(9) of
the Railways Act, 1989 would be considered to have been
subsumed in Section 30(1) of the later legislation, namely the
2013 Act, in the matter relating to determination of
compensation for acquisition of land for a ‘Special railway
project’ under Chapter IV-A of the Railways Act, 1989.
108. Much emphasis has been laid on the phraseology of
Section 103 of the Act, 2013 to submit that the said later
legislation facilitates adequate borrowing from other
enactments, and in order to give complete effect to the
provisions of the Act, 2013 in cases of acquisitions under
other enactments (specified in the Fourth Schedule of the said
Act), the beneficial provisions of other enactments pertaining
to the determination of compensation are to be borrowed and
applied.
109. It was vehemently urged that any contrary view which
may result in denial of benefits of Section 20-F(9) of the
Railways Act, 1989 would render the said provision otiose and
redundant. For giving full effect to the object and purpose of
the Railways Act, 1989, which incorporates a special provision
pertaining to acquisition of land for ‘Special railway project’,
the provisions of Sections 20-F(9) and 20-O shall have to be
borrowed and applied during the process of determination of
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compensation and rehabilitation and resettlement, for the
lands acquired for a ‘Special railway project’ and be
considered to have been incorporated under the Act’ 2013 by
such borrowing to provide additional benefits.
110. The submission is that there is no inconsistency nor the
two enactments, namely the Railways Act, 1989 and the
RFCTLARR Act, 2013; they cannot be said to be competing
legislations and hence, the Court has to make all efforts to
reconcile by reading them as independent legislations
pertaining to the field and borrowing from each other in case
of acquisition for ‘Special railway project’. For acquisitions
under the Railways Act, 1989, other than for ‘Special railway
project’, however, as there is no application of Chapter IV-A,
the provisions of the Act, 2013 will continue to hold the field.
111. Dealing with this submission of the learned counsel for
the petitioners, looking to the history of the aforesaid three
legislations operating in the field of acquisition from time to
time, when we consider the provisions of Section 20-F(9), the
same is to be interpreted on the text and context of the
provisions itself. From the text, which is the texture of the
said provisions, it may be safely concluded that the sum of
60% on the market value of the land determined by the
competent authority, provided therein, is nothing but
solatium, payable to the landowners, in consideration of the
compulsory nature of acquisition. [as held in Sundar
(supra)].
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112. Now looking to the context in which, the said provision
has been incorporated under Section 20-F(9) contained in
Chapter IV-A by the Railway (Amendment) Act with effect
from 31.01.2018, we find that while incorporating the said
chapter providing for expeditious process of acquisition for
‘Special railway project’ under the Railways Act, 1989, the
legislation felt a need to provide a higher amount as solatium
than that was payable under Section 23(2) of the Land
Acquisition Act, 1894, under which the land acquisition
proceedings for the railway projects were being conducted
prior to the amendment of 2008.
113. The Statement of Objects and Reasons of the Railways
(Amendment) Act, 2008 further substantiates our view, when
it states that the only instrument available for acquisition of
land for public purpose was the Land Acquisition Act, 1894
and the provisions of the said enactment were insufficient for
completion of railway projects on an expeditious basis in a
time scheduled manner.
114. Thus, while providing a mechanism for land acquisition
for a ‘Special railway project’ under Chapter IV-A, the
legislature excluded the provisions of the Land Acquisition
Act, 1894 and enacted a special provision for the acquisition
of land for such projects, providing for a speedy mechanism
and higher compensation as solatium.
115. However, with the major transformation brought in the
field of land acquisition, determination of compensation, and
the rehabilitation and resettlement mechanism, by the
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RFCTLARR Act, 2013 and the notification dated 28.08.2015
issued by the Central Government thereunder, applying the
provisions of the RFCTLARR Act, 2013 to other enactments,
higher benefits prescribed in the Act, 2013 will be available to
the land owners whose lands are acquired under any of the
enactments specified in the Fourth Schedule of the Act, 2013.
116. The phraseology “in addition to and not in derogation of”
any other law for the time being in force, is to be read and
understood to mean that the provisions of the RFCTLARR Act,
2013 would give way to the higher benefits, if any, are
provided in other enactments or policy covering the field of
determination of compensation, rehabilitation, and
resettlement of affected persons in Land Acquisition, whether
specified in the Fourth Schedule of the 2013 Act or not.
117. This opinion drawn by us can be substantiated from the
language employed in Sections 106, 107 and 108 of the Act,
2013, which provide that there cannot be any reduction in the
compensation or dilution of the provisions relating to
compensation, rehabilitation, and resettlement in cases of any
amendment or alteration brought in any of the schedules to
the Act by the Central Government; and the State Legislature
is free to enact more beneficial provisions to the affected
families, which confer higher compensation than payable
under the Act, 2013, or to make provisions for rehabilitation
and resettlement, which is more beneficial than provided
under the Act, 2013; the affected families will have the option
to avail such higher compensation than rehabilitation and
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resettlement awards under such law or said policy of the
State.
118. A conjoint reading of Sections 103, 105, 106, 107, and
108 of the Act, 2013 clearly indicates that while providing for
three schedules pertaining to the benefits of compensation
and resettlement and rehabilitation scheme for affected
families under the Act, 2013, the Parliament has left it open
for any State Legislature or the Central and State Government
to provide benefits higher than that provided under the Act,
2013 by framing a law or a policy.
119. The Central Government has been conferred the power
to make amendments or alterations to any of the Four
Schedules (First to Fourth) of the Act, 2013, with a caveat
that the same shall not, in any way, reduce the compensation
or dilute the provisions of the Act relating to compensation or
rehabilitation and resettlement.
120. With this analysis of the enactments, we reach at an
irresistible conclusion that out of the benefits incorporated in
the two Central enactments, namely the Railways Act, 1989
(amended w.e.f. 31.01.2008) and the Act, 2013 (brought w.e.f.
01.01.2014), higher benefits under two enactments pertaining
to compensation, rehabilitation, and resettlement shall be
available to the landowners whose lands are acquired under
the provisions of Chapter IV-A of the Railways Act, 1989 for a
‘Special railway project’, notified by the Central Government.
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121. However, the landowners cannot claim the benefits of
both the provisions simultaneously, on the plea of borrowing
of Section 20-F(9) into the Act, 2013 by virtue of Section 103
of the said Act.
122. The arguments of the learned counsel for the petitioners
that the petitioners are entitled to 60% of additional amount
as per Section 20-F(9) in addition to the benefits of solatium
provided under Section 30(1) of the Act, 2013 and already
granted to the petitioners under the award with respect to
their lands, are found to be misconceived and hence, rejected.
123. It is held, and as admitted to the respondent, that the
provisions relating to determination of compensation of
acquired land and rehabilitation and resettlement under
Chapter IV-A of the Railways Act, 1989 inserted by the Act 11
of 2008 w.e.f. 31.01.2008, are replaced by the provisions
pertaining to determination of compensation under Sections
26 to 30 of Act, 2013 by virtue of Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Removal of Difficulties) Order, 2015 issued by
the Central Government w.e.f. 01.09.2015 in exercise of the
power conferred by sub-section (1) of Section 113 of the
RFCTLARR Act, 2013, in the matter of determination of
market value, solatium, interest, etc. incorporated in the First
Schedule and also the provisions for rehabilitation and
resettlement, etc. under the Second and Third Schedules.
124. The award having been rendered in accordance with
Sections 26 to 30 of Act, 2013 in view of the Removal of
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Difficulties Order, 2015 issued by the Central Government by
notification dated 28.08.2015, the award of solatium @ 100%
as per Section 30(1) of the Act, 2013 is a valid exercise of
power by the competent authority. The additional amount of
60% on the market value as per Section 20-F(9) of the
Railways Act, 1989, as claimed is not payable over and above
the solatium awarded by virtue of Section 30(1) of the Act,
2013, as the same has been subsumed under the said
provisions of 2013 Act.
125. We are also of the view that the provisions of Section
30(3) of the Act, 2013 providing for 12% additional
compensation on the market value provided under Section 26
for the period commencing on and from the date of the first
notification till the date of award of the Collector or the date
of taking possession of land, whichever is earlier, are also
available to the landowners whose lands are acquired under
Chapter IV-A of the Railways Act, 1989, and the additional
compensation of 12% on the multiplication Factor 2 is also
payable to the petitioners.
126. The third question before us is about computation of
12% additional compensation on multiplication Factor 2,
determined under sub-section (2) of Section 26 as specified in
the First Schedule, as the same has been denied to the
petitioners herein and 12% additional compensation has been
calculated only on the basic market value determined as per
Section 26(1) of the Act, 2013.
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127. In this regard, we may simply note that by two
judgments rendered by us of same date, i.e. on 23.12.2015 in
Special Civil Application No.7561 of 2023 with allied matters
and Special Civil Application No.15262 of 2025, the question
adjudicated was “whether the additional amount of
compensation calculated at the rate of 12% payable under
Section 30(3) of Act, 2013 on the market value of the land
determined under Section 26 shall be computed on the
multiplication Factor 2 as per sub-section (2) of Section 26 of
Act, 2013, applied on the market value determined as per sub-
section 1 of Section 26 of the Act, 2013, has been decided in
favour of the landowners”.
128. It is held therein that the landowners are entitled to the
additional compensation @12% to be computed on the market
value by application of multiplication Factor 2 as per Section
26(2) of the Act, 2013. In the facts of that case, it was held
payable from the date of Section 3A notification under the
National Highways Act, 1956 till the date of making of the
original award, inasmuch as, possession of the acquired lands
therein had been taken after declaration of the award and
payment of compensation thereunder.
129. However, it is brought to our notice that the aforesaid
judgment and order dated 23.12.2025 passed in Special Civil
Application No.7561 of 2013, has been subjected to challenge
in Special Leave to Appeal (Civil) No(s).13705 of 2026 before
the Apex Court, wherein the operation of the impugned
judgment has been stayed subject to payment of the
undisputed amount by the NHAI.
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130. We, thus, find it fit and proper to only record that since
the third legal issue formulated herein covered by the
judgment and order dated 23.12.2015, is sub-judice before the
Apex Court, we should desist from making any further
adjudication in the case of the present petitioners herein. On
the issue No.(iii), formulated in para ‘1’ of this judgment,
permission is, thus, granted to all the petitioners in the
present batch of writ petitions, to withdraw the said relief
with the liberty to revive in a fresh petition after the final
decision of the Apex Court.
131. Lastly, on issue No.(ii) on the applicability of Section 20-
O of the Railways Act, 1989 for granting the benefit of the
National Rehabilitation and Resettlement Policy, 2007
incorporated therein, suffice it to say that the objective of the
National Policy, 2007 to extend rehabilitation and
resettlement to the Project affected parties has now been
included in the Second Schedule of the Act, 2013 and in case
of a resettlement and rehabilitation scheme prepared for the
particular acquisition, the Third Schedule of the Act, 2013 will
also be looked into.
132. We may reiterate that the Second and Third Schedules
of the Act, 2013, being applied by the Removal of Difficulties
Order, 2015 notified under the notification dated 28.08.2015
to the acquisitions for a ‘Special Railway Project’ under
Chapter IV-A of the Railways Act, 1989, the provisions of
Sections 31 to 38 as contained in Chapter V of the Act, 2013,
shall have to be invoked for preparation of the rehabilitation
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and resettlement award and the payment of monetary
compensation calculated therein, if any.
133. For the declaration of a rehabilitation and resettlement
award under Section 31, however, there is a need for the
preparation of a rehabilitation and resettlement scheme by
the Administrator, defined in Section 3(a) and is to be
approved by the Commissioner defined in Section 2(h),
appointed under Sections 43 and 44 as contained in Chapter
VI of the Act, 2013; respectively. It seems that no such
scheme has been framed and notified in the present
acquisition.
134. However, in view of the prayer made by the petitioners
herein for the benefits of National Rehabilitation Policy of
2007, it is stated in the affidavit dated 16.12.2025 filed on
behalf of respondent No.3 that a decision has been taken by
the Railway Board, circulated vide RBE No. 193/2019, to pay
a lump sum compensation of Rs.5,00,000/- to the affected
families, who are primarily dependent on the acquired land
for their livelihood, or where the entire landholding of the
affected family has been acquired, as part of the rehabilitation
and resettlement scheme.
135. The said circular of the Railway Board under the
Ministry of Railways, Government of India, dated 11.11.2019
providing for the modalities for the implementation of Serial
No.4 of the Second Schedule of the RFCTLARR Act, 2013,
“the choice of annuity or employment”, as per the decision of
the Ministry of Railways, read as under:-
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“2. The modalities for implementation of Serial No. 4 of the Second
schedule of the RFCTLARR Act 2013 were examined by Ministry of
Railways and it has been decided that:
i. Ministry of Railways’ earlier policy of offering appointment in
Railways to affected land-losers issued vide references above is
withdrawn and circulars issued in this regard vide reference above
stand superseded.
ii. Lump sum payment of Rs. 5 Lakhs to be provided to affected
families who were primarily dependent on acquired land for
livelihood, i.e., cases where their livelihood is affected by such
acquisition or where entire land-holding of the affected family have
been acquired.
136. It further provides the methodology for payment as
under:-
“3. Before considering grant of any relief under Second Schedule,
however, the Competent Authority for Land Acquisition (CALA) or
Collector should unequivocally certify that the affected family has
been displaced and dislocated to another area or their entire land
holding has been acquired. Further, in case of joint ownership of a
plot of land, lump sum payment of Rs. 5 Lakhs should be shared
between joint owners of plot in same ratio in which land value is to
be shared.
4. This may be brought to the notice of all concerned authorities
dealing with the acquisition of land and ensure that all
determination of compensation for acquisition of land under the
Railways Act, 1989 are in consonance with the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (RFCTLARR) Act, 2013.
5. This policy shall be effective from the date of issue of this letter.
6. This issues with the concurrence of Finance and approval of the
Competent Authority.”
137. In the instant case, it is evident that the provisions of the
Act, 2013 pertaining to the preparation of a rehabilitation and
resettlement scheme have not been followed, inasmuch as, no
scheme was framed by the Administrator under Section 16 of
the 2013 Act, and, as such, no award under Section 31 has
been made. However, since the present set of writ petitions
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have been filed in the month of October, 2025 much after the
land acquisition proceedings with the making of the award
dated 31.07.2025 under Section 20-F of the Railways Act,
1989 read with Sections 26 to 30 of the Act, 2013 have been
concluded, we are afraid to accept the prayer of the
petitioners to grant any other benefit than that has been
provided under the Railway Board circular, towards
rehabilitation and resettlement compensation.
138. In light of the above Railway Board circular brought on
record by the respondent Railways, it is hereby provided that
the lump sum rehabilitation and resettlement compensation
payable under the said circular shall be paid to the petitioners
herein after due verification of their entitlement.
139. However, for all future projects of the Railways,
including for a ‘Special Railway Project’, it would be
incumbent upon the competent authority / Collector to follow
the procedure contained in the provisions of Sections 16 to 19
under Chapter IV of 2013 Act for the preparation, approval
and publication of the rehabilitation and resettlement scheme,
and pass a rehabilitation and resettlement award under
Section 31, in case, the landowners are found entitled to the
benefits of the Second and Third Schedules, and strictly follow
the provisions of Section 38 in the matter of taking possession
of such lands.
140. In view of the above, the three questions formulated by
us hereinabove are answered in the following manner:-
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I. Question No.(i) is answered in the NEGATIVE.
II. Question No.(ii) is answered to the extent of the
observations made hereinabove, with the aid of the
Railway Board Circular dated 11.11.2019.
III. Question No.(iii) is left open to be agitated by all
the petitioners herein, at the appropriate point of time
after decision of the Apex Court.
141. This judgment be circulated to the Chief Secretary and
Additional Chief Secretary, Revenue Department of the State,
to take appropriate steps for preparation of Rehabilitation and
resettlement Scheme under Sections 16 to 19 of the 2013 Act,
by appointment of the Administrator and Commissioner as per
Sections 43 and 44 of the Act’ 2013, in consultation with the
appropriate Government, which is the Central Government, in
future, in the acquisitions for a “Special railway projects”
under the Railways Act, 1989.
142. With the above, the present set of writ petitions stand
disposed of. No order as to costs.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
SAHIL S. RANGER
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