- (1.) The respondent National High Speed Railway Corporation Limited (NHSRCL), a Special Purpose Vehicle formed by the Ministry of Railways has undertaken construction and implementation of the Mumbai - Ahmedabad High Speed Rail Project (Bullet Train) which is expected to cover 508 kms between Mumbai and Ahmedabad. The petitioners before us are agriculturists who have challenged the acquisition of their lands for the aforesaid project. The petitioners have inter alia challenged the validity of Section 10A of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [Gujarat Amendment] Act, 2016 enacted by the Legislature of the State, inter alia, providing for exemption from Chapter-II and Chapter-III of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Apart from the aforesaid challenge to the legality and validity of the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [Gujarat Amendment] Act, 2016, the petitioners have also prayed for declaring the preliminary notification dated 09.04.2018 issued under sub-section (1) of Section 11 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the ground of it being violative of fundamental rights, illegal, arbitrary, violative of Articles 14, 19, 21 and 300A of the Constitution of India and hence unconstitutional. With this preface, we proceed to pen down our views on the entire controversy in question which has been heard and decided pursuant to lengthy and exhaustive arguments by learned advocates for both the sides and voluminous materials on records. PART - I 1. Since all these petitions arise out of common questions of facts and law, they are being considered and decided by this common judgement. The petitions so filed are seeking the following prayers (For the sake of brevity and convenience, we reproduce the prayers sought for in Special Civil Application No. 9864 of 2018):- "A. Be pleased to declare the preliminary notification issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat) Act, 2013 by the respondent State and annexed to the present petition at ANNEXURE-A as being in contravention of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and thus is illegal, arbitrary, violative of Articles 14, 19, 21 and 300A of the Constitution of India and hence unconstitutional And Be Further Pleased to quash and set aside the preliminary notification dated 9th April 2018 issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by the respondent State and annexed to the present petition at ANNEXURE-A. B. Be pleased to direct respondent Special Land Acquisition Officer/Collector, District Bhavnagar to immediately initiate the revision and updation of the market value for the District Surat following the mandate of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 r/w the provisions of the Bombay Stamp Act, 1958 and not to permit/restrain the respondent Special Land Acquisition Officer /Collector from initiating/proceeding further for land acquisition proceedings for the Mumbai Ahmedabad High Speed Rail Project until the process of revision and updation of market value is complete as per the statutory norms and rules and following the mandate of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. C. Be pleased to hold that the preliminary notification issued by the respondent State of Gujarat under Section 11(1) annexed to the present petition at ANNEXURE-A is not issued by the appropriate government as defined in Section 3(e) (iv) of the Act of 2013, for the project of Mumbai-Ahmedabad High Speed Rail Project to establish bullet train and hence are de hors the jurisdiction and without any power and authority and hence illegal and unconstitutional and Be Further pleased to quash and set aside the same. D. Be pleased to hold and declare that Section 10A read with Section 2(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [Gujarat Amendment] Act, 2016 is ultra vires the constitution including Article 254(2) and therefore violative of fundamental rights and hence unconstitutional. E. Be pleased to hold and declare that notification issued by respondent State under Section 10(A) read with Section 2(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [Gujarat Amendment] Act, 2016 and annexed to the present petition at ANNEXURE-G is unconstitutional and violative of fundamental rights and Be Further pleased to quash and set aside the same. EE. Your Lordships be pleased to hold and declare that notification issued under Article 258(1) dated 08.10.2018 by the respondent Union of India is illegal, violative of fundamental rights, bad in law and hence unconstitutional and be further pleased to quash and set aside the same. EEE. In the alternative, Your Lordships be pleased to hold and declare that notification issued under Article 258(1) dated 08.10.2018 by the respondent Union of India is illegal, violative of fundamental rights, bad in law to the extent that it gives retrospective effect and legalizes and validates all actions, decisions and notifications issued by the respondent State till 08.10.2018 pursuant to the process of land acquisition for the project of Mumbai-Ahmedabad High Speed Rail. F. During the pendency and/or final hearing of the present petition be pleased to stay operation of Section 10A read with Section 2(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [Gujarat Amendment] Act, 2016 with regard to the project of Mumbai-Ahmedabad High Speed Rail Project and particularly in the notification issued by the respondent State dated 06.02.2018 and annexed to the present petition at ANNEXURE-G exempting the project of Mumbai-Ahmedabad High Speed Rail Project from the provisions of the Chapter II and III of the Principal Act. G. During the pendency and final disposal of the present petition be pleased to stay the preliminary notification dated 9th April, 2018 issued by the respondent Revenue Department, State of Gujarat under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and annexed to the present petition at ANNEXURE-A. H. During the pendency and final disposal of the present petition by pleased to direct respondent Special Land Acquisition Officer /Collector, District Surat to immediately initiate the revision and updation of the market value for the District Surat following the mandate of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 r/w the provisions of the Bombay Stamp Act, 1958. I. During pendency and final disposal of the present petition be pleased to restrain respondent Special Land Acquisition Officer/ Collector, District Surat from initiating/proceeding further for land acquisition proceedings for the Mumbai Ahmedabad High Speed Rail Project until the process of revision and updation of market value is complete as per the statutory norms and rules and following the mandate of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. J. During the pendency and/or final disposal of the present petition be pleased to stay the notification issued under Section 10A read with Section 2(1) of the Amendment Act of 2013 and annexed to the present petition at ANNEXURE-G. JJ. During the pendency and/or final disposal of the present petition, Your Lordships be pleased to hold and declare that notification issued under Article 258(1) dated 08.10.2018 by the respondent Union of India is illegal, violative of fundamental rights, bad in law and hence unconstitutional and be further pleased to quash and set aside the same. JJJ. During the pendency and/or final disposal of the present petition, Your Lordships be pleased to hold and declare that notification issued under Article 258(1) dated 08.10.2018 by the respondent Union of India is illegal, violative of fundamental rights, bad in law to the extent that it gives retrospective effect and legalizes and validates all actions, decisions and notifications issued by the respondent State till 08.10.2018 pursuant to the process of land acquisition for the project of Mumbai-Ahmedabad High Speed Rail. K. To pass any other and further reliefs that may be deemed fit and proper and in the interest of Justice and Equity."
(2.) The background of facts under which these petitions are filed are as under:
(3.) In addition to filing a reply in Special Civil Application No. 9864 of 2015, the State has filed an extensive reply dealing with each of the contentions raised. Such reply has been filed in Special Civil Application No. 17653 of 2018. It will therefore be appropriate to just take an overall view of how the contentions are answered, before we go into the submissions made by the learned Advocate General on behalf of the State of Gujarat. Reference is made to the reply filed by Keshavlal Dhulabhai Upadhyay, Deputy Secretary Revenue Department dated 10.12.2018.;