Union of India & Anr. vs Tarsem Singh & Ors.

Held: The prayer in the instant Application expressly seeks clarification that the decision in Tarsem Singh should be deemed to operate prospectively only – However, in considered view of this Court, granting such a clarification would effectively nullify the very relief that Tarsem Singh intended to provide, as the prospective operation of it would restore the state of affairs to the same position as it was before the decision was rendered – The broader purpose behind Tarsem Singh was to resolve and put quietus upon the quagmire created by s.3J of the NHAI Act, which led to the unequal treatment of similarly situated individuals – The impact of s.3J was short-lived, owing to the applicability of the 2013 Act upon the NHAI Act from the date of 01.01.2015 – As a result, two classes of landowners emerged, devoid of any intelligible differentia: those whose lands were acquired by the NHAI between 1997 and 2015, and those whose lands were acquired otherwise – This must be viewed in the light of the principle that when a provision is declared unconstitutional, any continued disparity strikes at the core of Article 14 and must be rectified, particularly when such disparity affects only a select group – To illustrate, rendering the decision in Tarsem Singh as prospective would create a situation where a landowner whose land was acquired on 31.12.2014 would be denied the benefit of ‘solatium’ and ‘interest’, whereas a landowner whose land was acquired the very next day, 01.01.2015-the date on which the ordinance was promulgated, to read the 2013 Act into the NHAI Act, would be entitled to these statutory benefits – No merit in the contentions raised by the applicant – Principles established in Tarsem Singh regarding the beneficial nature of granting ‘solatium’ and ‘interest’ while emphasising the need to avoid creating unjust classifications lacking intelligible differentia are reaffirmed – Consequently, the present Miscellaneous Application is dismissed. [Paras 17, 18, 19, 25]