https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Supreme Court Highlights Unequal Treatment of Landowners in Highway Projects, Urges Centre for Reform

The Supreme Court has raised serious concerns over unequal compensation under the National Highways Act, urging the Centre to re-examine the law to ensure fair treatment for landowners under modern land acquisition regimes.
DGP Appointment Rules
Indian Masterminds Stories

New Delhi: The Supreme Court of India has raised serious concerns about unequal treatment in land acquisition compensation under the National Highways Act, 1956, compared with compensation under other land acquisition laws.

In a recent judgment, the Court emphasised that landowners under the National Highways Act often receive lower or unfair compensation due to structural flaws in the process and urged the Union Government to review the law and bring parity with more modern land acquisition frameworks like the 2013 RFCTLARR Act.

Supreme Court Decision on National Highways Act

A three-judge bench led by Chief Justice Surya Kant, with Justices Joymalya Bagchi and Vipul M. Pancholi, observed that landowners whose land is acquired under the National Highways Act (1956) face disadvantages not experienced by those whose lands are acquired under older or newer land acquisition laws

Read also: Explained: Supreme Court’s New SOP on Oral Arguments and How It Aims to Deliver Faster Justice

The Court pointed out that disputes over compensation under the National Highways Act are handled by government officers such as District Collectors or Commissioners — not by independent judicial bodies — which may lead to biased or legally flawed outcomes.

Major Concerns of National Highways Act

Under the National Highways Act, compensation disputes are first decided by administrative officers appointed by the government. These officers often lack specialized legal training and are burdened with other duties, making it harder to assess market value and statutory benefits fairly.

In contrast, compensation disputes under the Land Acquisition Act, 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) are decided by judicial courts. 

These courts include judges who are trained to handle complex valuation issues and have broader appellate remedies available.

Limited Legal Remedies

Another concern is that appeals against arbitration decisions under the National Highways Act must be brought within the narrow framework of the Arbitration and Conciliation Act, 1996, which limits judicial review. This contrasts sharply with the more flexible judicial appeal options available under other land acquisition statutes.

Centre Asked to Review Compensation Framework

The Supreme Court recognised that the National Highways Act’s summary procedure was designed for expedient clearance of infrastructure projects. However, it noted that this purpose should not come at the cost of fundamental fairness. 

The bench suggested that equal access to judicial determination of compensation should be extended to landowners under the 1956 Act.

The Court specifically asked the Attorney General of India to examine whether legislative changes could introduce parity in compensation mechanisms without slowing down national highway development.

Background of the Case

The case before the Supreme Court arose from special leave petitions (SLPs) linked to a Punjab and Haryana High Court judgment that had struck down Sections 3G and 3J of the National Highways Act, which establish the arbitration system for compensation disputes.

With the arbitration framework temporarily revived by the Supreme Court’s stay order, landowners were left uncertain about their rights and compensation avenues. The bench restored their appeals under Section 34 of the Arbitration Act using its powers under Article 142 of the Constitution to ensure equitable outcomes for affected landowners.

Read also: Supreme Court Mining Prohibition: Mining Banned Within 1 KM of Wildlife Sanctuaries — A Massive Boost for India’s Biodiversity


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
IPS Vartika Katiyar Transfer Case
Who Is IPS Vartika Katiyar? Karnataka Cadre Officer Allegedly Accused of Threatening Officials After Ballari Transfer
dhami cm
Uttarakhand CM Pushkar Singh Dhami Visits Khatima, Addresses Public Grievances and Pays Condolences
PFC logo resized Power Finance Corporation Ltd
Leadership Updates: V. Packirisamy Recommended as Director (Commercial) of Power Finance Corporation by PESB
hcl
HCL CMD Sanjiv Kumar Singh Honored with Bhaskar Bhattacharjee Memorial Award by IIT (ISM) Dhanbad
concor
CONCOR Highlights Pan-India Logistics Services at ‘Advantage Vidarbha 2026’ in Nagpur
Yogi Janta Darbar
CM Yogi Adityanath Holds ‘Janata Darshan’ in Lucknow, Addresses Citizens’ Grievances and Promises Swift Action
Water Park in Dhanpuri
CM Mohan Yadav Inaugurates ₹20 Crore Water Park in Dhanpuri, Announces ₹2,300 Crore Irrigation Projects in Shahdol
Indraprastha Gas ltd
IGL Board to Consider Interim Dividend for FY26 on February 12 Alongside Q3 Results
ADVERTISEMENT
ADVERTISEMENT
Videos
WhatsApp Image 2026-02-05 at 6.39
The IAS Officer Who Refused to Let Bastar’s Children Fail Alone | Vinit Nandanwar’s Interview
Vinit Nandanwar
Vinit Nandanwar And The Making Of Bastar's First IAS
Mugdha Sinha
A Bottle-Painter, A Poetess, An Author, Avid Reader, Champion Player and A Successful IAS Officer – Mugdha Sinha Has Aced It All
ADVERTISEMENT
UPSC Stories
IPS Aryendra Kumar UPSC
‘I Felt Trapped in My Own Mind’: IPS Officer Aryendra Kumar on Anxiety During UPSC Preparation
A candid account of IPS officer Aryendra Kumar’s mental health struggles during UPSC preparation and...
Siddharth Babu UPSC IFS
Calm, Clarity and Rank 15: How Siddharth Babu Cracked UPSC and Joined the IFS
Who is Siddharth Babu? The 2017-batch IFS officer who interpreted for PM Modi on Republic Day and cracked...
IAS Avdhija Gupta UPSC
She Cried, She Learned, She Returned: The Unbreakable UPSC Journey of IAS Avdhija Gupta
From three consecutive Prelims failures to securing AIR 43, IAS Avdhija Gupta’s UPSC CSE-2024 journey...
Social Media
One-Horned Rhino Calf
Watch: First One-Horned Rhino Calf of 2026 Takes Birth at Jaldapara National Park, IFS Officer Shares Rare Footage
A newborn one-horned rhinoceros calf was spotted at Jaldapara National Park on January 1, 2026. IFS officer...
venomous banded krait
Rare Night Encounter: IFS Officer Spots Highly Venomous Banded Krait During Forest Patrol, Internet Amazed
An IFS officer’s night patrol video of a highly venomous banded krait has gone viral, highlighting India’s...
elephant rescue Karnataka
Heroic Karnataka Elephant Rescue: How a 28-Hour “Impossible Mission” Became a Triumph of Wildlife Care, IFS Parveen Kaswan Shares Video
A trapped elephant was rescued after 28 hours in Karnataka through a massive, expertly coordinated Forest...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
IPS Vartika Katiyar Transfer Case
Who Is IPS Vartika Katiyar? Karnataka Cadre Officer Allegedly Accused of Threatening Officials After Ballari Transfer
dhami cm
Uttarakhand CM Pushkar Singh Dhami Visits Khatima, Addresses Public Grievances and Pays Condolences
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
WhatsApp Image 2026-02-05 at 6.39
Vinit Nandanwar
Mugdha Sinha
ADVERTISEMENT
ADVERTISEMENT