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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Satishbhai Viriyabhai Gamit – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioners seek relief for unconstitutional sections. (Para 1 , 5 , 6) |
| 2. challenge on constitutionality is based on prior awards. (Para 2 , 3 , 4) |
| 3. petitioners claim right to solatium based on fairness. (Para 7 , 10) |
| 4. apex court recognizes rights under acquisition for solatium. (Para 8 , 9) |
| 5. examination of 1997 amendment act's object reveals discrimination. (Para 11 , 12) |
| 6. court concludes 1997 act denies solatium and interest. (Para 13 , 14 , 16) |
| 7. benefit for solatium applies to pre & post-tarsem singh. (Para 17 , 19 , 20) |
| 8. directs computation of benefits to petitioners. (Para 21 , 28 , 32) |
| 9. court addresses delay in seeking benefits post-decision. (Para 22 , 24 , 26) |
JUDGMENT :
THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL
1. By means of the present petition, the petitioners (35 in number) are seeking the following reliefs:-
“9.1 Be pleased to declare and hold that Sections 3G(5) and 3G(6) of the NATIONAL HIGHWAYS ACT , 1956 as being unconstitutional and ultra vires to Articles 14 and 21 of the Constitution of India;
9.2 Be pleased to quash and set aside the award dated 15.02.2011 (Annexure-P/1), award dated 15.02.2012 (Annexure-P/2) and the supplementary awar
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.
The exclusion of solatium and interest in compensation for land acquisition under the National Highways Act is unconstitutional, violating Article 14's guarantee of equality under the law.
The court ruled that provisions allowing denial of solatium and interest in land acquisition under the National Highways Act violate Article 14 of the Constitution, establishing the necessity of fair....
The court ruled that denial of solatium and interest in land acquisitions under the National Highways Act violates constitutional rights, emphasizing the necessity of fair compensation in compulsory ....
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....
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....
The more beneficial provision of Section 80 of the Act, 2013 relating to interest would apply to acquisitions made under the NH Act, and the court directed the respondents to pay the calculated inter....
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