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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MITALI THAKURIA
Padi Grayu – Appellant
Versus
State of Arunachal Pradesh – Respondent
| Table of Content |
|---|
| 1. claim for 100% solatium under law. (Para 2 , 3 , 4 , 5 , 6) |
| 2. respondent's contention on concluded acquisition. (Para 8 , 9 , 10 , 11 , 13) |
| 3. role of interpretation of statutes in compensation. (Para 18 , 19 , 20) |
| 4. historical context of compensatory regulations. (Para 21 , 22 , 23) |
| 5. finality in concluded acquisitions. (Para 24 , 25 , 26) |
| 6. dismissal of unmeritorious writ petition. (Para 27) |
JUDGMENT & ORDER :
MITALI THAKURIA, J.
Heard Mr. D. Laji, learned counsel for the petitioner and Mr. N. Ratan learned Additional Advocate General, Arunachal Pradesh for the State respondent Nos. 1 and 3. Also heard Mr. R. Saikia, learned Standing Counsel, Highway for the respondent No.4 as well as Mr. M. Kato, learned DSGI for the respondent No.5.
2. This writ petition has been filed by the petitioner for payment of Solatium @ 100% of the compensation paid to the petitioner for the land that have been acquired by the respondent authorities from him under Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947 (the Jhum Regulation, of 1947, in short) and accordingly, prayed for a direction to the respondent authorities for payment of Solatium amount to the petitioner @ 10
Concluded acquisitions under the old regulation preclude reopening for additional compensation, including Solatium, after acceptance of initial compensation.
Petitioners are entitled to compensation and solatium and interest in view of RFCTLARR Act, 2013, as State cannot make any law in derogation of any provision of said Act.
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.
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....
Payment of solatium and interest under the Land Acquisition Act is a statutory right, and a writ petition can be maintained to enforce this right even if compensation has been accepted.
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