Supreme Court of India
Union of India & Anr. v. Tarsem Singh & Ors.
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6 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the exclusion of Section 25 of the Land Acquisition Act from Section 34 of the Act is unconstitutional but it is severable and we sever it.
Judgment, page 45
From the headnote
National Highways Act, 1956 [As amended by National Highways Laws (Amendment) Act, 1997]: s.3A, 3G(7) and 3J – Acquisition under the Act – Award of solatium – Whether permissible – Held: Solatium is part and parcel of compensation that is payable for compulsory acquisition of land – 1956 Act was amended by 1997 Amendment Act with the object of reducing the delay and for speedy implementation of highway projects – The Amendment Act, 1997 cannot be shielded by Art. 31- of the Constitution as the object of the Amendment has no direct and rational nexus with the Directive Principles contained in
Authorities it was built on
- 1980 Minerva Mills Ltd. & Ors v. Union of India & Ors.
- 1962 Akadasi Padhan v. State of Orissa
- 1982 Sanjeev Coke Manufacturing Company v. Bharat Coking Coal Ltd. and Another
- 1972 Nagpur Improvement Trust and Another v. Vithal Rao and Others
- 2011 Girnar Traders v. State of Maharashtra and Ors.
- 1987 M.P.E.B. & Others v. Smt. Basantibai
- 1977 State of Karnataka and Anr Etc. v. Shri Ranganatha Reddy & Anr. Etc.
- 1989 Tinsukhia Electric Supply Co. Ltd. v. State of Assam and Ors.
- 2001 Sunder v. Union of India
- 1964 P. Vajra Velu Mudaliar v. Special Deputy Collector, Madras & Anr.
- 1992 Union of India Etc. Etc. v. Hari Krishan Khosla (dead) by Lrs. Etc. Etc.
- 1986 State of Maharashtra & Anr. v. Basantibal Mohanlal Khetan & Ors.
- 1983 State of Tamil Nadu, Etc. Etc. v. L. Abu Kavur Bai and Ors. Etc.
- 1985 Prakash Amichand Shah v. Staie of Gujarat & Ors.
- 1996 Dr. K.R. Lakshmanan Etc. Etc. v. State of Tamil Nadu and Anr.
- 1980 State of Kerala & Ors. Etc. v. T. N. Peter & Anr. Etc.
- 2003 Union of India v. Chajju Ram (dead) by Lrs. and Ors.
- 1989 Maharashtra State Electricity Board v. Thana Electric Supply Co. & Others.
- 1996 The Property Owners' Association and Ors. v. The State of Maharashtra and Ors.
- 1991 Assam Sillimanite Limited and Anr. v. Union of India and Ors.
- 1968 Balammal & Ors. Etc. v. State of Madras & Ors. Etc.
Where later benches applied it
- 2025 Union of India & Anr. v. Tarsem Singh & Ors.
- 2024 Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors
- 2023 C.S. Gopalakrishnan Etc. v. The State of Tamil Nadu & Others
- 2022 National Highways Authority of India v. Sri P. Nagaraju @ Cheluvaiah & Anr
- 2021 The Project Director, National Highways No. 45 E and 220 National Highways Authority of India v. M. Hakeem & Anr.
- 2021 G. Mohan Rao & Ors. v. State of Tamil Nadu & Ors.
Of those, 6 referred to
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