Supreme Court Issues Notice In Plea Challenging Tamil Nadu Land Acquisition Laws Act, 2019

The Supreme Court on Friday issued notice to the Tamil Nadu Government in a plea seeking declaration of the Tamil Nadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act as unconstitutional.

A bench of Justices AM Khanilkar, BR Gavai & Krishna Murari issued notice in the plea and tagged the petition with similar plea's.

The petitioner(s) have stated that the impugned Act has been legislated with a view to nullify the effect of a judgment of the Madras High Court of July 3, 2019, holding that the Tamil Nadu Act 1 of 2015 and consequently the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) and two other land acquisition laws are unconstitutional and void and repugnant to the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter called as "the 2013 Act") and accordingly, as per the ratio laid down by this Hon'ble Court in the case of State of Karnataka vs. Karnataka Pawn Brokers Association & Ors. (2018) 6 SCC 363, are liable to be struck down as unconstitutional, illegal and void.

It is stated that the power of 'eminent domain' to acquire lands vest with both the Centre and State Legislatures since the entry is under the concurrent list.

"Entry 42 of List III of the Seventh Schedule of the Constitution of India confers power on both Centre and State Government to legislate on acquisition of property," the plea states.

The plea states that the 2013 Act brought more transparency in the process of the acquisition of land and assured that the landowners are adequately redressed and rehabilitated Further, it is contended that the 2013 Act attempts to control the Government in the Land acquisition matters and ensure that those acquisitions which are truly necessary take place and that land is not indiscriminately taken over by the Government.

In this backdrop, it is contended that the impugned act seeks to revive the three legislations even though they do not survive the repugnancy against the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Further to this, the plea states that the notices issued in the instant plea under section 15(1) and 15(2) and 19(1) of the Tamil Nadu Highways Act, 2001 to the petitioners is ex facie illegal since the section does not survive in view of the above ground.