Union of India vs Tarsem Singh 2025 INSC 146 - S 3J National Highways Act

National Highways Act, 1956 - Section 3J - In Union of India & Anr. v. Tarsem Singh, SC held that Section 3J of the NHAI Act, by excluding the applicability of the 1894 Act and thereby denying ‘solatium’ and ‘interest’ for lands acquired under the NHAI Act, is violative of Article 14 of the Constitution - UoI filed Misc. Application that sought clarification that this judgment is to be applied prospectively- SC dismissed M.A. and observed- 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 - Principles established in Tarsem Singh regarding the beneficial nature of granting ‘solatium’ and ‘interest’ reaffirmed while emphasising the need to avoid creating unjust classifications lacking intelligible differentia. (Para 16-25)

Legal Maxims - Quando aliquid prohibetur ex directo, prohibetur et per obliquum - What cannot be done directly should also not be done indirectly’. - SC reiterated disapproval of the practice of filing Miscellaneous Applications as a strategic litigation tactic aimed at neutralising judicial decisions and seeking a second opportunity for relief.(Para 22)