Back
R. V. GHUGE, Y. G. KHOBRAGADE
Walmik Popat Patil – Appellant
Versus
Government of India – Respondent
JUDGMENT :
(R.V. Ghuge, J.)
1. Rule. Rule made returnable forthwith and heard finally by the consent of the respective sides.
2. We have extensively heard the learned Advocates for the respective sides and have perused the Petition paper book with their assistance. We have considered the judgment delivered by the Hon'ble Supreme Court in Union of India Vs. Tarsem Singh, (2019) 9 SCC 304; National Highway Authority of India Vs. M. Hakeem and Anr., AIR 2021 SC 3471 and Narayan Das Jain Vs. Agra Nagar Mahapalika, (1991) 4 SCC 212. It is trite law that the statutory benefits to be computed on the quantum of compensation, have to be granted by mathematical calculations, by the Arbitrator under the provisions of Section 3G(5) of the National Highways Act, 1956 (for short 'the 1956 Act').
3. The question raised in this Writ Petition is, as to what should be the remedy to the Petitioners/land losers to seek such statutory benefits of solatium and interest component, as per the Notification issued under Section 3A of the National Highways Act, dated 15/03/2013, and the Notification dated 28/08/2015, issued under Section 105(3) of the Right to Fair Compensation and Transparency in Land Acquisit
The court affirmed the right of land losers to receive statutory benefits of solatium and interest, emphasizing the necessity of including these in the Arbitrator's Award.
Landowners are entitled to solatium and interest under the Land Acquisition Act, as confirmed by the Supreme Court, despite pending arbitration cases.
The court ruled that the Section 34 Court lacks jurisdiction to modify an arbitral award to grant a statutory entitlement, such as solatium, when it was not part of the original frame of reference.
Schedule-II deals with elements like provision of housing units in case of displacement, land for land, offer for developed land, choice of Annuity of employment, Subsistence grant for displaced fami....
Acquisition of Land - Arbitrator granted enhancement of compensation - Arbitrator while rendering Award correctly took into consideration entire material on record, while determining rate at which co....
Important points:After making an elaborate survey of the rule position that the provisions of the Land Acquisition Act 1894, relating to solatium and interest contained in Section 23(1A) and (2) and ....
The Supreme Court ruled Section 3-J of the National Highways Act unconstitutional, affirming landowners' right to solatium and interest, recognizing it as a constitutional obligation of the State.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
