SC Urges Amendment to National Highways Act for Judicial Compensation Disputes
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court has urged the Union government to amend the National Highways Act, 1956, so that compensation disputes for land acquired for national highways are decided by judicial officers instead of government bureaucrats. The Court observed that the current mechanism is a 'peculiar situation' that needs immediate attention.
Background
The National Highways Act, 1956, provides for land acquisition for national highway projects. Sections 3G and 3J of the Act govern compensation determination and dispute resolution through statutory arbitration by government-appointed arbitrators, typically bureaucrats. This differs from other land acquisition laws where disputes are adjudicated by judicial courts.
Key facts
A Supreme Court bench led by CJI Surya Kant urged amendment to the National Highways Act, 1956.
The Court said compensation determination is a 'purely judicial exercise' and should be done by 'judicially trained minds'.
Sections 3G and 3J of the NHA provide for compensation determination and dispute resolution through arbitration by government officers.
The Court questioned why landowners under NHA face a different mechanism than under the Land Acquisition Act, 1894 or RFCTLARR Act, 2013.
The bench also included Justices Joymalya Bagchi and V Mohana.
The remarks came during hearing of appeals against a Punjab and Haryana High Court judgment that declared Sections 3G and 3J unconstitutional.
The Court warned that if Parliament does not act, it may intervene.
Under NHA, arbitrators are typically bureaucrats like commissioners or district collectors.
Prelims pointers
- National Highways Act, 1956
- Sections 3G and 3J of NHA
- Land Acquisition Act, 1894
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR)
- Supreme Court
- Punjab and Haryana High Court
Mains angles
- Discuss the constitutional validity of Sections 3G and 3J of the National Highways Act, 1956, in light of the principle of separation of powers and right to fair compensation.
- Critically examine the difference in dispute resolution mechanisms under the National Highways Act and other land acquisition laws. Is it discriminatory?
- Analyze the role of the judiciary in ensuring fair compensation for land acquisition in infrastructure projects.