IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.03.2011 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.Nos.15699, 15818, 15819 of 2008, 22912, 22913, 28122 to 28133, 28314 to 28321, 28917 to 28922 of 2010 WP No.15699/2008 1.T.Chakrapani 2.T.Govindarajau Naidu 3.Elumalai Achari 4.V.Chidambaram 5.K.Velayudam 6.K.Saravanan 7.Ranganayagi ..Petitioner in WP 15699/2008 8.R.Srinivasan,s/o.D.Ramdas ..Petitioner in WP 15818/2008 9.R.Srinivasan, S/o.P.Ramadas ..Petitioner in WP 15819/2008 10.J.Rajan Babu ..Petitioner in WP 22912/2010 11.V.Saravanan ..Petitioner in WP 22913/2010 12.J.Kaliyamuthu Kumar S/o.R.Janakiraman ..Petitioner in WP 28122/2010 13.J.Kaliyamuthu Kumar S/o.R.Janakiraman ..Petitioner in WP 28123/2010 14.S.Gopalakrishanan S/o.Samarapuri Chetty ..Petitioner in WP 28124/2010 15.S.Gopalakrishan S/o.R.Janakiraman ..Petitioner in WP 28125/2010 16.K.Senthilklumar, S/o.Kumarsamy Mudaliar ..Petitioner in WP 28126/2010 17.K.Senthilkumar S/o.Kumarasamy Mudaliar ..Petitioner in WP 28127/2010 https://hcservices.ecourts.gov.in/hcservices/ 18.S.G.Jayabalan S/o.S.E.Gopal Chettiar ..Petitioner in WP 28128/2010 19.S.G.Jayabalan S/o.S.E.Gopal Chettiar ..Petitioner in WP 28129/2010 20.K.G.Vasudeva Mudaliar S/o.Givinda Mudaliar ..Petitioner in WP 28130/2010 21.K.G.Vasudeva Mudaliar S/o.Givinda Mudaliar ..Petitioner in WP 28131/2010 22.K.Munuswamy Mudaliar S/o.Kalappa Mudaliar ..Petitioner in WP 28132/2010 23.K.Munuswamy Mudaliar S/o.Kalappa Mudaliar ..Petitioner in WP 28133/2010 24.R.Sreedharan, S/o.Rajavel Mudaliar ..Petitioner in WP 28314/2010 25.R.Sreedharan ..Petitioner in WP 28315/2010 26.M.S.Subramania Mudaliar S/o.Muthu Mudaliar ..Petitioner in WP 28316/2010 27.M.S.Subramania Mudaliar S/o.Muthu Mudaliar ..Petitioner in WP 28317/2010 28.C.Rajarathinam S/o.Chokkan ..Petitioner in WP 28318/2010 29.C.Rajarathinam S/o.Chokkan ..Petitioner in WP 28319/2010 30.S.Jerome Quintin S/o.M.Selvaraj Nadar ..Petitioner in WP 28320/2010 31.30.S.Jerome Quintin S/o.M.Selvaraj Nadar ..Petitioner in WP 28321/2010 32.R.Yasodha W/o.R.Ravi ..Petitioner in WP 28917/2010 33.R.Yasodha W/o.R.RAvi ..Petitioner in WP 28918/2010 34.K.E.Thirumalaiappan S/o.C.Elumalai ..Petitioner in WP 28919/2010 https://hcservices.ecourts.gov.in/hcservices/ 35.K.E.Thirumalaiappan S/o.C.Elumalai ..Petitioner in WP 28920/2010 36.P.Vengal Rao S/o.Lakhamaniah ..Petitioner in WP 28921/2010 37.P.Vengal Rao S/o.Lakhamaniah ..Petitioner in WP 28922/2010 VS 1. Union of India, Rep. by Secretary National Highways Department, New Delhi. ...Ist Respondent W.P.No.15699, 15818, 15819, 22912, 22913 of 2010 2. The Secretary to Government, Government of India, Ministry of Shipping (Road Transport and Highways), New Delhi. ...2nd Respondent in W.P.No.15699, 15818, 15819 of 2010 3. National Highways Authority of India, Rep. by its Project Director, In Charge of NH4 Trivallur District, Tamil Nadu. ...3rd Respondent in W.P.No.15699/2010 4. The District Collector, (Arbitrator Tiruvallur District) Tamil Nadu. ...4th Respondent in W.P.No.15699/10 3rd Respondent in W.P.No.28122 to 28133/10, 28314 to 28321/10, 28917 to 28922/10. 5. The Competent Authority (L.A), NH-4, Viding for Nerkundram Village, Poonamallee, Tiruvallur District, Chennai – 600 056. ...5th Respondent in W.P.No.15699/2010 6. Special Tahsildar (L.A), NH4, Poonamallee, Tiruvallur District, Tamil Nadu. ...6th Respondent in W.P.No.15699/2010 https://hcservices.ecourts.gov.in/hcservices/ 7. National Highways Authority of India, Rep. by its Project Director, In Charge of NH45 Thindivanam, Villupuram District, Tamil Nadu. ...3rd Respondent in W.P.No.15818, 15819/2010 8. The District Collector, (Arbitrator Villupuram District) Tamil Nadu. ...4th Respondent in W.P.No.15818, 15819/10 9. The Competent Authority (L.A), NH-4, Thindivanam Bye Pass Villupuram Collectorate, Villupuram District ...5th Respondent in W.P.No.15818, 15819/2010 10. Special Tahsildar (L.A), NH45, Tindivanam, Tamil Nadu. ...6th Respondent in W.P.No.15818, 15819/2010. 11.The Authorised Officer cum Special District Revenue Officer, National Highways No.68, (Acquisition) Salem -4. ...2nd Respondent in W.P.22912, 22913 12.The Project Director(NH68) National Highways Authority of India 9/11, 2nd Floor, Omalur Main Road, Salem - 636 004. ...3rd Respondent in w.P.22912, 22913 13.S.Priya ...4th Respondent in W.P.No.22912 14.B.Ramya ...5th Respondent in W.P.No.22912 15.Tmt.Shanthi ...4th Respondent in W.P.No.22913 16.Union of India by Secretary to Government, Ministry of Surface Transport New Delhi - 110 001. ...I Respondent in W.P.No.28122 to 28133/10, 28314 to 28321/10, 28917 to 28922/10. https://hcservices.ecourts.gov.in/hcservices/ 17.National Highways Authority of India, by its Project Officer, SPIC Building, Anna Salai, Guindy, Chennai-32. ...2nd Rep.in W.P.No.28122 to 28133/10, 28314 to 28321/10, 28917 to 28922/10. 18.Special District Revenue Officer, (Land Acquisition) Cum-Competent Authority (under National Highways Act) Kancheepuram and Tiruvellur Districts having its office at Tahsildar Office, Poonamalle, Chennai - 600 056. ...4th Respondent in W.P.No.28122 to 28133/10, 28314 to 28321/10 , 28917 to 28922/10. Writ petition in W.P.No.15699 of 2008 is filed under Article 226 of Constitution of India for the issuance of a Wit of Declaration, declaring the provisions of The National Highways Act, 1956 amended Act No.16 of 1997 herein referred to as the Highways Act are as illegal, null and void, unconstitutional and opposed to the public policy of our country and to invoke the provisions of the Land Acquisition Act, 1894. (w.P.15699, 15819/2010) Praying pleased to issue a writ of certiorarified mandamus, call for the records of the 4th respondent to quash the Arbitration award passed by the fourth respondent dated 07-12-2007 pertaining to the petitioners property situated at Survey Nos 19/14, 6A, 20/1A, 1B, 1C, 1D, 1E, 2C, 2D, 2E measuring a total extent of 5 acres 33 cents in Kidangal village, Thidivanam, villupuram district and to direct the competent Authority to refer the proceeding to the competent civil Court as Contemplated under Section 18 of the Land Acquisition Act 1894 by granting enhanced compensation (Prayer in WP.No.15818/2008) Praying pleased to issue a writ of declaration, declaring that the provisions of Sec.3(A) to 3(J) of the National Highways Act, 1956 amended as per Central Act 16 of 1997, is ultravires the Constitution being violative of Art.14 of Constitution of India or in the alternative declare Sec.3(G) and 3(J) of the National Highways Act, 1956 as inserted by Central Act 16 of 1997 is ultravires the Constitution being violative of Art.14 of Constitution of India and issue consequential direct the 2nd respondent for payment of compensation by way of market value together with solatium and interest for the lands proposed to be acquired from the petitioners morefully described in the Schedule https://hcservices.ecourts.gov.in/hcservices/ hereunder in terms similar to that of Land Acquisition Act, 1894 (Prayer in WP.No.22912/10, 22913/2010) Praying to direct the respondents herein to determine the compensation in respect of the lands in S.Nos. (i)265/2B2, (ii)293/1B1 and 301/4A2A2 (iii)303/2B1 and 293/3C and 448/9 (iv) 294/6B2 (v)301/4A1 (vi)303/2A2 and 293/3C (vii)293/3A1 (viii)411/11B2, 412/8E2, 412/8F2 and 294/6A2B (ix)294/6A3A2 and 294/6A4A2 (x)301/4A2B2 and 301/11 (xi)265/2BIB (xii)268/12B, 268/9A2 and 455/2A2 (xiii)294/6A Kizhamudalambedu Village, Gummidipundi Taluk, Thiruvallur District, acquired under the National Highways Act 1956 by applying the principles contained in the Land Acquisition Act 1894 within a time limit (WP.Nos.28122, 28124, 28126, 28128, 28130, 28132, 28314, 28316, 28318, 28320, 28917, 28919 and 28921/2010 respectively) Praying to declare section 3 (J) of National Highways Act 1956 as illegal, arbitrary and unconstitutional and quash the same (WP.Nos.28123, 28125, 28127, 28129, 28131, 28133, 28315, 28317, 28319, 28321, 28918, 28920 and 28922/10) For Petitioners : Mr.David Tyagaraj, (in W.P.Nos.15699, 15818 & 15819/2008) Mr.T.V.Ramanujam, SC For Mr.T.V.Krishnamachari (in W.P.Nos.22912 & 22913/10) Mr.K.Venkatasubba Raju (in W.P.Nos.28122 to 28133/2010, 28314 to 28321/2010 and 28917 to 28922/2010) For Respondents : Mr.M.Ravindran, Additional Solicitor General Assisted by M/s.P.Bhuvaneshwari, SCGC for union of India Mr.P.Wilson Addl. Advocate General https://hcservices.ecourts.gov.in/hcservices/ For M/s. P.Wilson Associates, For The Project Director, NHAI, Mr.M.Dhandapani, Spl.Govt.Pleader for Government of Tamilnadu Assisted by Mr.B.Vijay, Govt. Advocate C O M M O N O R D E R This judgement shall dispose of the following writ petitions, viz., Sl. No. Case No. Name of the Petitioner 1 W.P.No.15699 of 2008 1. T.Chakrapani 2. T.Govindarajalu Naidu, 3. Elumalai Achari 4. V.Chidambaram 5. K.Velayudam 6. K.Saravanan 7. Ranganayagi 2 W.P.No.15818 of 2008 R.Srinivasan 3 W.P.No.15819 of 2008 R.Srinivasan 4 W.P.No.22912 of 2010 J.Rajan Babu 5 W.P.No.22913 of 2010 V.Saravanan 6 W.P.No.28122 of 2010 J.Kaliyamuthu Kumar 7 W.P.No.28123 of 2010 J.Kaliyamuthu Kumar 8 W.P.No.28124 of 2010 S.Gopalakrishnan 9 W.P.No.28125 of 2010 S.Gopalakrishnan 10 W.P.No.28126 of 2010 K.Senthilkumar 11 W.P.No.28127 of 2010 K.Senthilkumar 12 W.P.No.28128 of 2010 S.G.Jayabalan 13 W.P.No.28129 of 2010 S.G.Jayabalan 14 W.P.No.28130 of 2010 K.G.Vasudeva Mudaliar 15 W.P.No.28131 of 2010 K.G.Vasudeva Mudaliar 16 W.P.No.28132 of 2010 K.Munuswamy Mudaliar 17 W.P.No.28133 of 2010 K.Munuswamy Mudaliar 18 W.P.No.28314 of 2010 R.Sreedharan 19 W.P.No.28315 of 2010 R.Sreedharan https://hcservices.ecourts.gov.in/hcservices/ Sl. No. Case No. Name of the Petitioner 20 W.P.No.28316 of 2010 M.S.Subramania Mudaliar 21 W.P.No.28317 of 2010 M.S.Subramania Mudaliar 22 W.P.No.28318 of 2010 C.Rajarathinam 23 W.P.No.28319 of 2010 C.Rajarathinam 24 W.P.No.28320 of 2010 S.Jerome Quintin 25 W.P.No.28321 of 2010 S.Jerome Quintin 26 W.P.No.28917 of 2010 R.Yashodha 27 W.P.No.28918 of 2010 R.Yashodha 28 W.P.No.28919 of 2010 K.E.Thirumalaiappan 29 W.P.No.28920 of 2010 K.E.Thirumalaiappan 30 W.P.No.28921 of 2010 P.Vengal Rao 31 W.P.No.28922 of 2010 P.Vengal Rao as the common question of law and facts are raised in all these writ petitions. 2. The petitioners have invoked the jurisdiction of this Court to challenge the constitutional validity of the National Highways Laws (Amendment) Act, 1997 (hereinafter referred to as the 'Act'). The object and reasons for enactment of the Act are: "In order to create an environment to promote private investment in national highways, to speed up construction of highways ad to remove bottlenecks in their proper management, it was considered necessary to amend the National Highways Act, 1956 and the National Highways Authority of India Act, 1988. 3. In order to achieve the object, the Legislature added the following Sections to the National Highways Act, 1956, and the National Highways Authorities under the Act, 1958, which read as under: "2. Amendment of Section 2: In Section 2 of the National Highways Act, 1956 (49 of 1956) (hereinafter referred to as the National Highways Act), in sub-section (1) the words "except such parts thereof as are situated within any municipal area" shall be omitted. 3. Substitution of new Sections for Section 3: For Section 3 of the National Highways Act, the following Section shall be substituted, namely: 3. Definition: In this Act, unless the context otherwise requires: https://hcservices.ecourts.gov.in/hcservices/ (a) "competent authority" means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification; (b) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth. 3A. Power to acquire land etc:- Where the Central Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land; (2) Every notification under sub-section (1) shall give a brief description of the land. (3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language. 3B. Power to enter for survey, etc: On the issue of a notification under sub-section (1) of Section 3A, it shall be lawful for any person, authorised by the Central Government 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 intend duties 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 laid down by rules made in this behalf by that Government. 3C. Hearing of objections: (1) Any person interested in the land may, within twenty-one days from the date of publication of the notification under sub-section (1) of Section 3A, object to the use of the land for the purpose or purposes 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 https://hcservices.ecourts.gov.in/hcservices/ 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) to 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. 3D. Declaration of acquisition: (1) Where no objection under sub-section (1) of section 3-C has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection 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 in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of Section 3A. (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 3A for its acquisition but no declaration under sub-section (1) 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 or period during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of Section 3A 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. 3E. Power to take possession: (1) Where any land has vested in the Central Government under sub-section (2) of Section 3D, and the amount determined by the competent authority under Section 3G with respect to such land has been deposited under sub-section (1) of Section 3H, with https://hcservices.ecourts.gov.in/hcservices/ 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 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 the 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. 3F. Right to enter into the land where land has vested in the Central Government: Where the land has vested in the Central Government 'under Section 3D, it shall be lawful for any person authorised by the Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of a national highway or a part thereof, or any other work connected therewith. 3G. 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) 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 10% of the amount determined under sub-section (1), for that land. https://hcservices.ecourts.gov.in/hcservices/ (3) Before proceeding to determine the amount under sub- section (1) or sub-section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims' from all persons interested in the land to be acquired. (4) 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 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land. (5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to 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. (6) 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. (7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub- section (5), 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 3A; (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. https://hcservices.ecourts.gov.in/hcservices/ 3H. Deposit and payment of amount: (1) the amount determined under Section 3G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf 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 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 3G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at 9% p.a. on such excess amount from the date of taking possession under Section 3D till the date of the 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 laid down by rules made in this behalf by that Government, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit. 3I. 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 the 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; https://hcservices.ecourts.gov.in/hcservices/ (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. 3J. Land Acquisition Act 1 of 1894 not to apply: Nothing in the Land Acquisition Act, 1894, shall apply to an acquisition under this Act. 4. Omission of Section 8: Section 8 of the National Highways Act shall be omitted. 5. Amendment to Section-9: In Section 9 of the National Highway Act, in sub-section (2), after clause (a), the following clause shall be inserted, namely: "(aa) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of Section 3H". CHAPTER-III Amendment of the National Highway Authority of India Act, 1988. 6. Substitution of new Section for Section 13: For Section 13 of the National Highway Authority of India Act, 1988 (68 of 1988) (hereinafter referred to as the National Highways Authority Act), the following Section shall be substituted, namely: "13. Compulsory acquisition of land for the Authority: Any land acquired by the Authority for discharging its functions under this Act shall be deemed to be land needed for a public purpose and such land may be acquired for the Authority under the provisions of the National Highways Act, 1956." (48 of 1956). 7. Amendment of Section 16: In Section 16 of the National Highways Authority Act, in sub-section (2), for clause (h), the following clause shall be substituted,namely: "(h) engage, or entrust any of its functions to , any person on such terms and conditions as may be prescribed." 8. Substitution of new Section for Section 17: For Section 17 of the National Highway Authority Act, the following Section shall be substituted, namely: https://hcservices.ecourts.gov.in/hcservices/ "17. Additional capital and grants to the Authority by the Central Government: The Central Government may, after due appropriation made by Parliament by law in this behalf, (a) provide any capital that may be required by the Authority for the discharge of its functions under this Act or for any purpose connected therewith on such terms and conditions as that Government may determine. (b) pay tot he Authority, on such terms and conditions as the Central Government may determine, by way of loans or grants such sums of money as that Government may consider necessary for the efficient discharge by the Authority of its functions under this Act. 9. Amendment of Section 34: In Section 34 of the National Highway Authority Act, in sub-section (2), after clause (d), the following clause shall be inserted,namely: "(dd) the terms and conditions subject to which the functions of the Authority may be entrusted to any person under clause (h) of sub-section (2) of Section 16." 10. Repeal and saving: (1) The National Highways Laws (Amendment) Ordinance, 1997 (Ord.9 of 1997) is hereby repealed. (2) Notwithstanding the repeal of the National Highways Laws (Amendment) Ordinance, 1997, (Ord. 9 of 1997) anything done or any action taken under the National Highways Act and the National Highways Authority Act as amended by the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of those Act, as amended by this Act." 4. Challenge to the Act, by the petitioners, is on the ground that the Parliament has no power to enact a law, diametrically opposite to the Land Acquisition Act, 1894 (for short the Acquisition Act) to acquire the land. In support of the plea, it is contended by the learned counsel for the petitioners that Section 3 (A) of the Act is similar to Section 4(1) of the Land Acquisition Act; Section 3(C) is similar to Section 5-A of the Land Acquisition Act. Section 3-D of the Act is similar to Section 6(1) of the Land Acquisition Act and Section 3E is similar to Section 16 of the Land Acquisition Act, whereas Section 3G is similar to Section 23 of the Land Acquisition Act, whereas by Section 3J, application of the Land Acquisition Act has been excluded, with a sole object, to deny the solatium and interest payable under the Acquisition Act, for https://hcservices.ecourts.gov.in/hcservices/ compulsory acquisition and also to deny the right of appeal against the compensation determined, by the competent authority. 5. The main ground of challenge to the Act is that power of sovereign to take private properties for public use, is based on the doctrine of eminent domain, whereas the consequential