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The High Court of Judicature at Madras, on 03 July 2019, declared it's Order in response to petitions praying to declare The Right to Fair Compensation and Transparency in land Acquisition Rehabilitation and
Resettlement (Tamil Nadu Amendment Act) 2014 (Tamil Nadu Act 1 of 2015) as ultra vires and to declarethe show cause notice dated 19.06.2018 issued by The Land Acqusition Officer and Revenue Division Officer, Ambattur Divisional @ Anna Nagar West (Extn) Chennai - 600 101, under sub- section (2) of the Section (3) of The Tamil
Nadu Acquisition of Land for Industrial Purpose Act 1997 (Tamil Nadu Act 10
of 1999) as null and void.
Besides, the court, with the consent of the petitioners also took up the writs challenging
a) Tamil Nadu Act 1 of 2015 by which Section 105-A was inserted into the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
b) The Tamil Nadu Highways Act, 2001; and
c) Tamil Nadu Industrial Purposes Act,1997.
In course, the court has declared that, "Article 254(1) by its operation rendered the impugned Tamil Nadu Legislations repugnant, and null and void, ...... and therefore the impugned Acts do not survive."
In order to revive these acts, the High Court required that, "the State must re-
enact these statutes, in accordance with Article 254(2) of the Constitution of India, and obtain the assent of the President."
"In view of the requirements of Article 254(2) of the Constitution of India, Section 105-A of the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, is virtually otiose", the court held.
Consequently, the court held all acquisitions made on or after 27 September 2013, under the three impugned enactments, as illegal, except to those acquisitions of which the purpose of acquisition is accomplished.
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The High Court of Judicature at Madras, on 03 July 2019, declared it's Order in response to petitions praying to declare The Right to Fair Compensation and Transparency in land Acquisition Rehabilitation and
Resettlement (Tamil Nadu Amendment Act) 2014 (Tamil Nadu Act 1 of 2015) as ultra vires and to declarethe show cause notice dated 19.06.2018 issued by The Land Acqusition Officer and Revenue Division Officer, Ambattur Divisional @ Anna Nagar West (Extn) Chennai - 600 101, under sub- section (2) of the Section (3) of The Tamil
Nadu Acquisition of Land for Industrial Purpose Act 1997 (Tamil Nadu Act 10
of 1999) as null and void.
Besides, the court, with the consent of the petitioners also took up the writs challenging
a) Tamil Nadu Act 1 of 2015 by which Section 105-A was inserted into the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
b) The Tamil Nadu Highways Act, 2001; and
c) Tamil Nadu Industrial Purposes Act,1997.
In course, the court has declared that, "Article 254(1) by its operation rendered the impugned Tamil Nadu Legislations repugnant, and null and void, ...... and therefore the impugned Acts do not survive."
In order to revive these acts, the High Court required that, "the State must re-
enact these statutes, in accordance with Article 254(2) of the Constitution of India, and obtain the assent of the President."
"In view of the requirements of Article 254(2) of the Constitution of India, Section 105-A of the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, is virtually otiose", the court held.
Consequently, the court held all acquisitions made on or after 27 September 2013, under the three impugned enactments, as illegal, except to those acquisitions of which the purpose of acquisition is accomplished.
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