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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Sanjay K. Agrawal, J
Ashutosh Agrawal S/o Late Shri Kumbhaj Lal Agrawal – Appellant
Versus
National Highway Authority of India, through Chairman – Respondent
Order :
(Sanjay K. Agrawal, J.)
Question of law involved:-
1. The short question of law involved in this batch of two Writ Petitions is as under:-
“Whether the Petitioners herein, whose lands were acquired on 22.9.2012 under the provisions of the National Highways Act, 1956 are entitled for the amount of ‘solatium’ and ‘interest’ as provided in Section 23(2) of the Land Acquisition Act, 1894 which was interdicted by legislative bar created in shape of Section 3J of the National Highways Act, 1956, which stood declared unconstitutional being violative of Article 14 of the Constitution of India by their Lordships of the Supreme Court in the matter of Union of India and Another v . Tarsem Singh and Others, (2019) 9 SCC 304 and further clarified in Union of India and Another v . Tarsem Singh and Others, 2025 SCC OnLine SC 235.
Relevant facts, in brief:-
2. In W.P.(C) No.316/2020, lands bearing Survey Nos.1460/2 & 1460/4, area 4,890 sq. mtrs., were acquired by the National Highways Authority of India (for brevity, NHAI) for widening of NH-200. Similarly, in W.P.(C) No.328/2020, land bearing Survey Nos.1460/1, area 1,670 sq. mtrs., was acquired by the NHAI for widening of NH-200. In both the c
The Supreme Court affirmed that landowners are entitled to solatium and interest under the Land Acquisition Act for acquisitions made under the National Highways Act, following the unconstitutionalit....
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.
Acquisition of land – Constitutional guarantee of just compensation cannot be rendered contingent upon magnitude of financial burden – Mere escalation in projected liability, howsoever significant, d....
Sections denying solatium and interest to landholders under the National Highways Act are unconstitutional; landowners are entitled to these benefits as per recent Supreme Court ruling.
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