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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE VINIT KUMAR MATHUR, J
Sunil Sancheti, S/o. Prakash Sancheti – Appellant
Versus
Union Of India, Through The Secretary, Ministry Of Road, Transport And Highway, Government Of India – Respondent
Order :
(VINIT KUMAR MATHUR, J.)
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with the following reliefs:-
“A. The respondent land acquisition officer, sub divisional officer, Rohet may be directed to determine the amount of compensation payable to the petitioner in accordance with the provisions of land acquisition act, 1894, with interest till date on excess amount, within a specific time.
B. The respondents may kindly be directed to re- determine the award dated 31.07.2014 (Annexure-1) in so far as it declines award of solatium and interest in terms of the provisions of section 23 (2) and 28 of the Land Acquisition Act , 1894.
C. The respondents may be directed to comply with the Guidelines laid down by Hon’ble Supreme Court of India.
D. The respondents may kindly be directed to issue supplementary award to this effect within a stipulated time.
E. The National Highway Authority of India must be directed to deposit the amount payable in terms of the supplementary award, in interest bearing fixed deposit account(s) in any nationalized bank which shall be disbursed to the petitioner.”
3. Briefly noted the facts in the writ petition are that by an awa
The petitioner is entitled to solatium and interest for land acquisition following the Supreme Court's ruling declaring Section 3-J of the National Highways Act unconstitutional.
Section 3-J of the National Highways Authority of India Act, 1956 was declared unconstitutional, entitling landowners to solatium and interest for acquired land.
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 solatium and interest amount were held to be payable under the Act of 1953, and the solatium formed a component of the compensation itself, warranting interest. The interest on solatium was held ....
Landowners are entitled to solatium and interest under the Land Acquisition Act, as confirmed by the Supreme Court, despite pending arbitration cases.
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.
Interest on solatium in land acquisition cases must be awarded as per Supreme Court rulings, invalidating conflicting government directives.
Provisions related to solatium and interest in the Land Acquisition Act are applicable for National Highways acquisitions, and Section 3J is unconstitutional as it violates Article 14.
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....
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