Subramonium Prasad, J. - (1.) Writ Petitions have been filed challenging:- a) Tamil Nadu Act 1 of 2015 by which Section 105-A was inserted into the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, hereinafter called as the new Land Acquisition Act; b) The Tamil Nadu Highways Act, 2001; and c) Tamil Nadu Industrial Purposes Act, 1997. By consent of parties, all the writ petitions have been grouped together and disposed of by this common order. Background of the case and the Central Enactments
(2.) Land Acquisition Act, 1894 (hereinafter referred to as the "Old Act")was enacted for the acquisition of land needed for public purposes/companies and for determining the amount/quantum of compensation to be paid to the landowners on account of such acquisition. Over the years, it was found that the lands were indiscriminately acquired which resulted in drastic reduction of agricultural lands. Agriculturists were reduced to landless labourers. It was the grievance of the landless that there were no proper schemes for rehabilitation of persons, who were deprived of their land. Agriculturists were also aggrieved because their sole means of livelihood was lost, as a result of the acquisition for purposes which were admitted after a substantial lapse of time.
(3.) In the year 2003, National Policy on Resettlement and Rehabilitation was formulated and it was accepted that society should have a clear perception of the reason behind land acquisition, and the benefits that will flow from such acquisition. The adverse socio-economic and cultural impacts resulting from acquisition of land were also to be examined. This policy was replaced by the National Rehabilitation and Resettlement Policy of 2007, which also directed State Governments to acquire land, keeping in mind the new rehabilitation policy.;