Landowners whose compensation for acquired land remained unpaid for the majority of land holdings by 31.12.2014 are entitled to 100% solatium under the 2013 Act, with accrual of interest and interest on solatium from the date of the initial award.

HARKESH MANUJA, J. (ORAL)

1. By way of present writ petition, prayer has been made for issuance of direction to the respondents to pay solatium @ 100% along with interest in favour of the petitioner(s)/landowner(s) in terms of Section 30 read with Schedule I of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the 2013 Act’).

2. Briefly stating, some land owned by the petitioner(s)/landowner(s), situated in the revenue estates of villages Mehlam, Mouran, Dhhandoli Khurd, Toor Banjara, Dirba, Rampur Gujjran, Kadail, Khetla, Kakuwaia, Tehsil Sunam Udham Singh Wala, District Sangrur, came to be acquired vide notifications dated 07.08.2013 and 26.02.2014 issued under Sections 3-A and 3-D of the National Highways Act, 1956 (for short ‘the 1956 Act’) respectively. Award under Section 3-G(1) of the 1956 Act, was passed by respondent No.3/CALA on 20.10.2014. The purpose of acquisition was for building, (widening/four laning. Etc), maintenance, management and operation of National Highway No.71 (52) on the Patti stretch land from KM. 181.805 to 238.695 KM (Sangrur to Punjab/Haryana Border Section) in District Sangrur in the State of Punjab.

3. Admittedly, the petitioners/landowners were granted the benefit of solatium @ 30% over the market value. Being aggrieved, the petitioners/landowners filed the present writ petition(s) with a prayer for issuance of direction to the respondents for award of 100% solatium. Reply on behalf of respondent No.2 stands filed.

4. I have heard learned counsel for the parties and gone through the paper book as well as records of the case(s).

5. The claim towards 100% solatium made by the petitioners/landowners is based on the guidelines dated 28.12.2017 issued by the Ministry of Road Transport and Highways, Government of India. The relevant portion from para no.4.6(iii) of the aforesaid guidelines is extracted hereunder:-

“(iii) By now, it is also a settled proposition that the First, Second and Third Schedule of the RFCTLARR Act, 2013 shall be applicable to the NH Act, 1956 with effect from 01.01.2015. As such, the following is clarified:

(a) All cases of Land acquisition where the Awards had not been announced under Section 3G of the NH Act till 31.12.2014 or where such awards had been announced but compensation had not been paid in respect of majority of the land holdings under acquisition as on 31.12.2014, the compensation would be payable in accordance with the First Schedule of the RFCTLARR Act, 2013.

(b) In cases, where the land acquisition process was initiated and award of compensation under Section 3G had also been announced before 01.01.2015 but the full amount of Award had not been deposited by the acquiring agency with the CALA, the compensation amount would be liable to be determined in accordance with the First Schedule w.e.f. 01.01.2015;

(c) In cases, where the process of acquisition of land stood completed (i.e. Award under Section 3G announced by CALA, amount deposited by the acquiring agency with the CALA, and compensation paid to the landowners in respect of majority of the land under acquisition) as on or before 31.12.2014, the process would be deemed to have been completed and settled. Such cases would not be re-opened.”

6. Further, the Hon’ble Apex Court vide order dated 23.09.2022 passed in the case of ‘Sanwarmal Singhaniya Memorial Trust & Anr. Vs. National Highways Authority of India (Misc. Application No.1172 of 2021), went on to approve, endorse and rely upon the aforesaid guidelines. Subsequently, the Misc. Application Dia