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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
Sekar – Appellant
Versus
Government of Tamil Nadu – Respondent
ORDER :
This writ petition has been filed challenging the impugned proceedings of the 5th respondent dated 04.01.2022 and G.O.(Ms) No.401 dated 12.10.2018 and for a consequential direction to the respondents to pay the balance compensation amount due and payable to the petitioners.
2. The case of the petitioners is that their lands were acquired under the Land Acquisition Act, 1894 in the year 1988 (hereinafter referred to as 'the Act'). An award was passed by the Land Acquisition Officer in Award No.4/1988-89 dated 05.09.1988 granting a partly sum of Rs.26/- per cent. Hence, an objection was made and a reference was sought for under Section 18 of the Act. The reference Court enhanced the compensation and not being satisfied, the petitioners filed AS.No.402 etc., of 2010 and they claimed a sum of Rs.15/- per Sq.feet. The appeals were allowed by this Court by a judgement and decree dated 27.08.2010. Thereafter, review application was filed in Review Application Nos.154 to 159 of 2017 and these applications were allowed by an order dated 20.09.2017.
3. The petitioners thereafter made a joint representation seeking for deposit of the enhanced compensation. Since the same was not consider
Interest on solatium in land acquisition cases must be awarded as per Supreme Court rulings, invalidating conflicting government directives.
The Supreme Court's ruling in Gurpreet Singh case overrules previous compensation principles, necessitating new administrative directives under the Land Acquisition Act.
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 ....
Interest on solatium is permissible, but calculating interest on that interest is against legal principles.
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.
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