Supreme Court Seeks Amendment to National Highways Act for Judicial Compensation Adjudication

Key facts

• The Supreme Court observed that compensation disputes under the National Highways Act, 1956 should be adjudicated by judicially trained authorities instead of bureaucrats.
• A Supreme Court bench led by Chief Justice Surya Kant noted that the Act is the only land acquisition law where executive authorities determine compensation, which it said is a judicial function.
• Attorney General R Venkataramani informed the Court that the Union government is actively considering amendments to the National Highways Act to create a judicially trained forum for compensation disputes.
• The challenge concerns Sections 3G and 3J of the National Highways Act, 1956, which deal with compensation determination and exclusion of the Land Acquisition Act, 1894.
• The Punjab and Haryana High Court had previously declared Sections 3G and 3J unconstitutional for violating Article 14 of the Constitution by denying solatium and interest to landowners.
• The Supreme Court indicated it is willing to await the government's legislative amendment before adjudicating the constitutional issue further.