Document Fragment View

Matching Fragments

And whereas, the notification envisaged under sub- section (3) of Section 105 of the Rfctlarr Act was not issued, and the Rfctlarr (Amendment) Ordinance, 2014 (9 of 2014) was promulgated on 31-12-2014, thereby, inter alia, amending Section 105 of the Rfctlarr Act to extend the provisions of the Act relating to the determination of the compensation and rehabilitation and resettlement to cases of land acquisition under the enactments specified in the Fourth Schedule to the Rfctlarr Act; And whereas, the Rfctlarr (Amendment) Ordinance, 2015 (4 of 2015) was promulgated on 3-4-2015 to give continuity to the provisions of the Rfctlarr (Amendment) Ordinance, 2014; And whereas, the Rfctlarr (Amendment) Second Ordinance, 2015 (5 of 2015) was promulgated on 30-5-2015 to give continuity to the provisions of the Rfctlarr (Amendment) Ordinance, 2015 (4 of 2015);

28. Coming to the issue with regard to the applicability of the Notification dated 28.08.2015 issued by the Central Government purportedly under Section 113 of the RFCTLARR Act, 2013, it was vehemently argued by the learned Senior counsel appearing for the respondent Corporation that Section 105 of the RFCTLARR Act, 2013 is to be looked into. Section 105(1) of the RFCTLARR Act, 2013 clearly provides that the provisions of the RFCTLARR Act, 2013 shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule, subject to sub-section (3) of Section 105. Sub-section (3) of Section 105, however, empowers the Central Government to issue a notification within a period of one year from the date of commencement of the RFCTLARR Act, 2013 (01.01.2014), directing that any of the provisions of the RFCTLARR Act, 2013 relating to the determination of compensation in accordance with the First, Second and Third Schedules shall apply to the cases of land acquisition under the enactments specified in the Fourth Schedule. Sub-section (2) of Section 105 of the RFCTLARR Act, 2013, however, confers power upon the NEUTRAL CITATION C/SCA/14518/2024 CAV JUDGMENT DATED: 25/07/2025 undefined Central Government by notification to omit or add to any of the enactment specified in the Fourth Schedule.

29. The draft of such notification proposed to be issued under sub-section (3) of Section 105 was to be laid before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or two or more successive sessions. Admittedly, no such notification has been issued by virtue of the exercise of power under sub-section (3) of Section 105 of the RFCTLARR Act, 2013. The Notification dated 28.08.2015 published in purported exercise of power under Section 113 of the RFCTLARR Act, 2013 cannot be read to be in exercise of the power under Section 105(3) of the said Act. The power under Section 113 of the RFCTLARR Act, 2013 could have been exercised by the Central Government only in case of any difficulty arising in giving effect to any of the provisions of the RFCTLARR Act, 2013. The contention is that the power for removal of difficulties in giving effect to the provisions of that part of the RFCTLARR Act, 2013 can only be exercised to make such provision or give such directions, which are not inconsistent with the provisions of the RFCTLARR Act, 2013.

32. It was argued that when there is a specific provision in the RFCTLARR Act as to how it would apply to the enactments in the Fourth Schedule, the removal of difficulties Order cannot be passed except as per the procedure provided in the RFCTLARR Act, 2013. Schedule Four of the RFCTLARR Act, 2013 is a separate NEUTRAL CITATION C/SCA/14518/2024 CAV JUDGMENT DATED: 25/07/2025 undefined provision and it is not part of the RFCTLARR Act, 2013; unless and until the provisions of the RFCTLARR Act, 2013 were made applicable by invoking the powers under Section 105 (3) of the RFCTLARR Act, 2013, applying the provisions of the RFCTLARR Act, 2013 by removal of difficulties Order issued under Section 113, cannot be said to be a valid exercise of power conferred on the Central Government.