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2021 Supreme(P&H) 1627

ANIL KSHETARPAL
Mahender – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. RS Mamli, Adv.
For the Respondent: Mr. Abhilaksh Gaind, Adv.

JUDGMENT :

Anil Kshetarpal, J. - The petitioners claim that their land described in para 3 of the writ petition has been compulsorily acquired by the Central Government in exercise of powers conferred by the National Highways Act, 1956, (in short 1956 Act') vide an award passed by the competent authority on 23.01.2015. It is claimed that 30% solatium on the market value of the land acquired determined by the competent authority has been paid. They claim that since the award has been passed after the enforcement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, therefore, the competent authority has erred in directing payment of 30% solatium in place of one hundred percent. They also claim that the Arbitrator while deciding cases filed by other identically situated owners, has already directed payment of one hundred percent solatium vide award dated 20.10.2018.

2. Sh. Abhilaksh Gaind, Advocate, has filed a brief note in response to the writ petition, which is taken on record.

3. It is not in dispute that the acquiring authority is required to pay one hundred percent solatium amount on the market value determined by the co

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