JUDGMENT : These matters are taken up together to decide a question on the application of provisions for the compensation and rehabilitation and resettlement under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “Act 30 of 2013”) in respect of the acquisition of land for National Highway under the National Highways Act, 1956. This Court disposed some of the writ petitions on the same question holding that the procedure as contained in Section 19 of Act 30 of 2013 will have to be followed while publishing declaration under Section 3D of the National Highways Act. Thereafter, review petitions were filed by the National Highway and the State Government. These review to the extent of dealing with the common issues as above have been taken up together along with other matters and being disposed by a common judgment. 2. Act 30 of 2013 has replaced the Land Acquisition Act, 1894, a general law related to the acquisition of land for public purposes. This Act was mainly replaced as the issues of rehabilitation and resettlement of affected persons were not adequately addressed in the Land Acquisition Act, 1894. Act 30 of 2013 on its implementation has become general law relating to the land acquisition. National Highways Act, 1956 is a special enactment which was in force at the time of enactment of Act 30 of 2013. National Highways Act was enacted for a speedy acquisition of land for National Highway. Taking note of the general feature of Act 30 of 2013, the Parliament left it to the discretion of the Central Government to decide whether provisions of Act 30 of 2013 should be applied for other special enactments like the National Highways Act as seen from Section 105 of Act 30 of 2013. The Parliament gave the Central Government one year time from the date of commencement of Act 30 of 2013 to take a decision on the applications of provisions related to the determination of compensation under the First Schedule of Act 30 of 2013; rehabilitation and resettlement specified in the Second Schedule and; the Third Schedule for its application under the special enactments. 3. Act 30 of 2013 came into force with effect from 1.1.2014. The Central Government was unable to take a decision within the time prescribed under Section 105 of the Act 30 of 2013. 3. Act 30 of 2013 came into force with effect from 1.1.2014. The Central Government was unable to take a decision within the time prescribed under Section 105 of the Act 30 of 2013. Thereafter, the Central Government invoking residuary power as conferred upon it under Section 113 of Act 30 of 2013 to remove any difficulty in giving effect to the provisions of Act 30 of 2013 issued an order on 28.8.2015. This order came into force with effect from 1.9.2015. The relevant portion of the said order reads thus: “2. The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to all cases of land acquisition under the enactments specified in the Fourth Schedule to the said Act.” 4. The point to be considered in these writ petitions is how far and to what extent the aforenoted order would apply for acquisition under the National Highways Act. 5. The National Highways Act is a special enactment. It contains procedural and substantial provisions for determination of compensation. The object of the special enactment is to deviate from the general provisions and to have its own procedure for the determination of compensation. It refers to two-tier procedures for determination of compensation. First, by the competent authority and on the dispute by reference to the Arbitrator appointed by the Central Government. The competent authority is having wide power to determine compensation. The power to the corresponding authority under the Land Acquisition Act 1894 is limited and restricted. 6. Act 30 of 2013 contains elaborate provisions for the determination of compensation, rehabilitation and resettlement. As a first step, the social impact study has to be prepared after a public hearing. Thereafter, it has to be published. The appropriate Government has to evaluate the proposal for land acquisition based on social impact study. The only exemption from social impact assessment is when the land is required invoking urgency clause as referred under Section 40 of Act 30 of 2013. The appropriate Government on verification of social impact and on being satisfied that the land is required for a public purpose will issue preliminary notification under Act 30 of 2013. The only exemption from social impact assessment is when the land is required invoking urgency clause as referred under Section 40 of Act 30 of 2013. The appropriate Government on verification of social impact and on being satisfied that the land is required for a public purpose will issue preliminary notification under Act 30 of 2013. Upon publication of the preliminary notification, the Administrator for rehabilitation and resettlement appointed under Section 43 of Act 30 of 2013 will have to conduct a survey and undertake a census of affected families. The Collector, thereafter, would review the scheme prepared by the Administrator and forward the same with suggestions, if any, to the Commissioner of Rehabilitation and Resettlement for approval of the scheme. The Commissioner is appointed under Section 44 of Act 30 of 2013 by the State Government. The summary of the approved scheme of the rehabilitation and resettlement by the Commissioner will have to be published along with the publication of the declaration of the land under Section 19 after hearing the objections as referred under Section 15 of Act 30 of 2013. 7. Thus, the procedure for rehabilitation and resettlement under Act 30 of 2013 can be summarized as follows: 7.i Preliminary notification under Section 11: This is after the evaluation of the social impact assessment report. 7.ii Preparation of Rehabilitation and Resettlement Scheme by the Administrator. (Section 16) 7.iii Review by the Collector. (Section 17) 7.iv Approval of the Scheme by the Commissioner. [Section 17(2)] 7.v Publication of declaration along with a summary of Rehabilitation and Resettlement Scheme. (Section 19) 8. Under the National Highways Act, declaration of acquisition is published after hearing of objections under Section 3C. The objector has to submit his objections within 21 days of publication of notification of sub-section 1 of Section 3A. Section 3D declaration will have to be published within one year from the date of notification under Section 3A. National Highways Act envisages a speedy conclusion of the proceedings and the time period will have to be reckoned for an early conclusion of the proceedings. 9. This Court in the judgment under review had held that the summary of rehabilitation and resettlement will have to be published along with a declaration under Section 3D. National Highways Act envisages a speedy conclusion of the proceedings and the time period will have to be reckoned for an early conclusion of the proceedings. 9. This Court in the judgment under review had held that the summary of rehabilitation and resettlement will have to be published along with a declaration under Section 3D. The question, therefore, is whether such procedure as contemplated under Act 30 of 2013 for rehabilitation and resettlement will have to be followed for a declaration under Section 3D or not. 10. The object of the special enactment itself is to deviate from the procedure contemplated under the general provisions of law for acquisition. The outcome of both the enactments may be the same in a sense to compensate the landowners consequent upon involuntary acquisition. When different procedures and provisions are made under different enactments, the duty of the Court is to keep the distinct procedures and provisions apart and to construe the provisions harmoniously wherever it is required. While enacting Act 30 of 2013, the intention of the Parliament is to retain the special enactments and to give such benefits wherever it is advantageous to the landowners for acquisition under the special enactments. The substantial provision regarding the determination of compensation and rehabilitation and resettlement are referred in the First Schedule, Second Schedule and Third Schedule. What was intended under Section 105 of the Act 30 of 2013 is to apply substantial provisions of determination of compensation as referred under the First Schedule and rehabilitation and resettlement in the Second and Third schedule being beneficial to the affected families under the other enactments. It does not lay that such provisions which are applicable as procedural provisions would also be applied for acquisition under the special enactments. If the procedure as such is followed under Act 30 of 2013, it would impliedly repeal the power of the competent authority under the National Highways Act in considering the claim of rehabilitation and resettlement. That was not the intention of the Parliament. The Parliament intended of selective application of substantial provision and not the procedural aspects of general provisions to the special enactments. The second schedule refers to the elements of rehabilitation and resettlement entitlement. The Parliament intended only to apply the second schedule as such for acquisition under the National Highways Act and not the other procedural provisions as contemplated under Act 30 of 2013. 11. The second schedule refers to the elements of rehabilitation and resettlement entitlement. The Parliament intended only to apply the second schedule as such for acquisition under the National Highways Act and not the other procedural provisions as contemplated under Act 30 of 2013. 11. Section 3G of the National Highways Act refers to the power of the competent authority as well as of the Arbitrator for the determination of compensation. The competent authority, as well as the Arbitrator, will have to follow the provisions of the First Schedule of Act 30 of 2013 while determining compensation under the National Highways Act. 12. Similarly, the competent authority, as well as the Arbitrator, also will have to follow the Second Schedule wherever it is applicable while exercising their power under Section 3G of the National Highways Act. The competent authority has to examine in each of the cases regarding the claim under the Second Schedule. The competent authority is bound to examine whether the elements of rehabilitation and resettlement entitlement will have to be provided or not in such a claim. 13. In the light of the discussions as above, the review petition has to be allowed and the writ petitions have to be disposed in the following manner: 13.i. The competent authority and the Arbitrator under the National Highways Act will have to determine the compensation in accordance with the first schedule of Act 30 of 2013 for acquisition under the National Highways Act. 13.ii The competent authority and the Arbitrator will have to consider the elements of rehabilitation and resettlement on case to case basis, based on the claim raised before it. 13.iii The procedure as contemplated under the Act 30 of 2013 need not be followed for rehabilitation and resettlement of landowners under the National Highways Act.