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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR JUSTICE N. ANAND VENKATESH, J
A.Dhanasgopal – Appellant
Versus
Principal Secretary to Government, Revenue Department – Respondent
ORDER :
N. Anand Venkatesh, J.
This writ petition has been filed challenging G.O.Ms.No.683, dated 21.07.1997, G.O.Ms.No.401, dated 12.10.2018 and Letter No.558(LAI(1) 05-02 dated 11.03.2005 and for a consequential direction to the 1st and 2nd respondents to give necessary directions to the District Collectors/District Revenue Officers/Land Acquisition Officers to apply the principles declared by the Hon'ble Apex Court in Gurpreet Singh v. Union of India reported in 2006 8 SCC 457 in respect of the compensation payable to the land owners under the Land Acquisition Act, 1894 .
2.The issue that is involved in the present writ petition was already dealt with by Hon'ble Mr.Justice N.Seshasayee (as he then was) in W.P.No.446 of 2017 in Hemavathy and others vs. The Secretary to Government, Revenue Department and others, dated 19.12.2017. The relevant portions are extracted hereunder:
3. In this petition, the learned counsel alleged that the ratio in PremNath Kapoor case decided by a Bench of three Judges of the Supreme Court and referred to and relied on by the first respondent in the correspondence now impugned in these proceedings has since been overruled by a Constitutional Bench of the S
The Supreme Court's ruling in Gurpreet Singh case overrules previous compensation principles, necessitating new administrative directives under the Land Acquisition Act.
Interest on solatium in land acquisition cases must be awarded as per Supreme Court rulings, invalidating conflicting government directives.
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 ....
The court established that solatium is a component of compensation, entitling claimants to interest on it from the date of acquisition, contrary to restrictions imposed by the High Court.
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