TN govt move to revive three land Acts quashed

The said Section 105-A was brought in by the Tamil Nadu Government to enable it to continue land acquisitions under the Tamil Nadu Acquisition of Land for HarijanWelfare Schemes Act, 1978, Tamil Nadu Highways Act, 2001 and Tamil Nadu Industrial Purposes Act, 1997.

A division bench comprising Justice S Manikumar and Justice Subramonium Prasad while allowing a batch of writ petitions seeking to quash 105-A, said “By enacting Section 105-A into RFCTLARR Act, the State of Tamil Nadu could not have revived the three state Acts, that had become repugnant as on September 27. 2013. To revive these acts, 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.”

“Merely, by inserting Section 105-A and the 5th Schedule, in the RFCTLARR Act, these impugned enactments do not get revived. Since this had admittedly not been done, the Acts remain repugnant, and Article 254(1) renders them inoperative,” the bench said.

It also held that consequently, all the acquisitions made under the three impugned enactments made on or after September 27, 2013, are illegal and quashed save those lands that are already used and the purpose for which the land was acquired has been accomplished.

Senior Counsel P Wilson appearing for a batch of farmers submitted that the RFCTLARR Act was brought to ensure a compensation package for the land owners, which included a scientific method for calculation of market value of the land, a comprehensive rehabilitation and resettlement package for land owners including subsistence allowance, jobs, house, resettlement package for livelihood losers etc.

But the three State Acts which are now sought to be brought back do not contain any such provision and therefore, it goes completely against the very purpose for which RFCTLARR Act was brought into force, Wilson had submitted.

He had also submitted that Section 105-A is a piece of conditional legislation and as per RFCTLARR Act it is mandatory on the part of the State Government to bring out a notification within one year from the date of commencement of this Act on April 01, 2014. But since there was no notification by January 01, 2015, Section 105-A did not come into force at all and hence cannot be implemented.