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MITALI THAKURIA
Koj Nadam, S/o Sri Koj Gyati – Appellant
Versus
State Of A. P. – Respondent
JUDGMENT :
Heard Mr. S. Koyang, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate representing State respondent Nos. 1, 3, 4 & 5; Mr. D. Kamduk, learned Standing Counsel, Land Management Department, representing respondent No. 2 and Mr. M. Kato, learned DSGI representing respondent No. 6.
2. This is an application filed under Article 226 of the Constitution of India, praying for issuance of writ in the nature of certiorari/mandamus or any other appropriate writ, order or direction of like nature directing the respondent authorities for payment of solatium amount to the petitioner, at the rate of 100% of the compensation amount, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
3. The brief facts of the present writ petition is that the Government of Arunachal Pradesh, through the Secretary (Land Management), Government of Arunachal Pradesh, Itanagar, issued a public Notification, vide No. LM-14/2014, dated 17.02.2014, under Section 10 of the Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation Act, 1947 (hereinafter referred to as ‘Regulation of 1947’), expressing the
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.
Concluded acquisitions under the old regulation preclude reopening for additional compensation, including Solatium, after acceptance of initial compensation.
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
There is no provision for payment of solatium and interest in Regulation of 1947, whereas same is available in RFCT & LARR Act.
The principle of administrative finality prohibits reopening concluded land acquisition proceedings where compensation has been fully determined, disbursed, and accepted. Subsequent judicial interpre....
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