AI Overview...
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Arbitrator's Obligation to Grant Solatium in Pending Cases - The courts have held that arbitrators are required to grant solatium in land acquisition cases, including those pending before them, provided the cases are still active at the relevant date. Several judgments clarify that if the proceedings are pending on a specific cutoff date, solatium must be awarded accordingly, unless explicitly barred by law or specific court orders. For instance, the Supreme Court in Golden Iron and Steel Forgings v. Union of India emphasized that solatium and interest should be granted only in proceedings pending at the time of the court's order, and concluded cases should not be reopened for solatium claims (INDKER00000416059, 02100152126, 02100140178).
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Court Directives on Pending Cases and Statutory Benefits - Courts have directed expedited handling of pending appeals and arbitration proceedings, emphasizing that statutory benefits such as solatium are applicable only to cases pending at the relevant cutoff date. The Supreme Court and High Courts have reiterated that benefits like solatium, as per the Land Acquisition Act, are to be awarded in pending cases and not in concluded ones, with specific directions to ensure that awards are made effective only for proceedings that were pending at the time of the court's intervention (INDKER00000412725, 02100140178).
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Limitations and Clarifications on Awarding Solatium - Several judgments clarify that arbitrators and courts cannot reopen concluded cases to grant solatium if the case was finalized prior to the relevant date. The express negativing of solatium claims in some awards and the statutory provisions (e.g., Section 23(2) of the Land Acquisition Act) limit the scope to pending proceedings. Additionally, courts have acknowledged that if an award explicitly denies solatium, subsequent claims are barred unless a specific legal provision or court order mandates otherwise (00200018839, 02100090715).
Analysis and Conclusion:
The prevailing legal view is that arbitrators are mandated to grant solatium in land acquisition cases that are pending at the time of the relevant court order or statutory cutoff date. Cases that have already been concluded are generally not subject to reopening for solatium unless explicitly provided by law or court directions. Courts have consistently emphasized that statutory benefits, including solatium, are applicable only to active proceedings at the pertinent date, and arbitrators must adhere to this principle when issuing awards. Therefore, in pending cases, arbitrators have a duty to grant solatium unless barred by specific legal or procedural constraints (Golden Iron and Steel Forgings, INDMAD series).
Search Results for "Arbitrator has to Grant Solatium in Pending Cases"
2024 0 Supreme(Mad) 1634 • India - Madras
S. M. SUBRAMANIAM, C. KUMARAPPAN
which was denied by the Arbitrator due to pending cases. ... the Arbitrator's decision and pending cases. ... Finding of the Court: The court found that the Arbitrator's refusal to grant solatium ... Not satisfied with the Award and by claiming Solatium, the appellants/land owners approached the Arbitrator under Section 3G(5) of the Act. The Arbitrator declined to grant solatium....
2024 Supreme(Online)(Mad) 63354 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J
Not satisfied with the Award and by claiming Solatium, the appellants/land owners approached the Arbitrator under Section 3G(5) of the Act. The Arbitrator declined to grant solatium on the ground that some cases are pending before the High Court. However, the Arbitrator enhanced the compensation. ... The Arbitrator declined to grant Solatium on the ground that few cases are #HL_S....
2025 Supreme(Online)(Mad) 59259 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ, J
... ... Result: Petition is partly allowed; remanded to Arbitrator for further consideration on solatium. ... Court and the prior ruling of the Arbitrator. ... that the Arbitrator must submit a report on this issue within three months. ... Accordingly, it is directed that the award of solatium and interest on solatium should be made effective only to proceedings pending on the date of the High Court order in Golden Iron and Steel Forging v. Union of India i.e., 28.03....
2025 Supreme(Online)(Ker) 43451 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
2006 (8) SCC 457 ], confined the grant of benefit of interest and solatium only in respect of proceedings pending as on 28.03.2008, and that concluded cases should not be re-opened. ... Nothing transpired thereafter until 20.05.2022, when the petitioner preferred Ext.P3 application seeking grant of solatium and interest. ... It appears that nothing transpired thereafter, until 20.05.2022, when the petitioners preferred Ext.P3 application seeking grant of sol....
2024 0 Supreme(Bom) 1021 • India - Bombay
R. V. GHUGE, Y. G. KHOBRAGADE
The Petitioners were not at fault, and the Arbitrator acknowledged the entitlement to these benefits in the Award. ... and interest for land losers - The Arbitrator failed to include statutory benefits in the operative part of the Award, despite acknowledging ... in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 105(3) - Writ Petition concerning statutory benefits of solatium ... The said Application is still pending before the Arbitrator, which is said to have been filed under Se....
1986 0 Supreme(AP) 274 • India - Andhra Pradesh
B.P.JEEVAN REDDY, M.N.RAO
in all cases of land acquisition. ... at Rs. 30 per square yard, but had denied solatium. ... Whether the compensation awarded by the arbitrator was just and proper? 2. ... ... ( 14 ) THERE is yet another reason why we should not - cannot - award solatium in these matters. The award of the arbitrator has expressly negatived the claim for solatium. ... Section 30 of the Amendment Act made the said provisions expressly applicable to pending appeals, Accordingly the Ben....
1990 0 Supreme(Mad) 658 • India - Madras
A.R.LAKSHMANAN
Whether the arbitrator could award solatium and interest as per the provisions of the Land Acquisition Act? 4. ... The arbitrator awarded compensation to the claimants, including solatium and interest, as per the provisions of the Land Acquisition ... The Court held that the arbitrator could award solatium and interest as per the provisions of the Land Acquisition Act because the ... (LT) 146 of 1980 and the Tribunal set aside the award of the arbitrator. The Revision....
1987 0 Supreme(P&H) 686 • India - Punjab and Haryana
M.S.LIBERHAN, H.N.SETH
The court allowed the applications and amended the judgments to grant the applicants the enhanced solatium and interest rates as ... Final Decision: The court allowed the applications and amended the judgments to grant the applicants the enhanced solatium ... OF IMMOVABLE PROPERTY ACT, 1952 - SECTION 8(1)(C) - LAND ACQUISITION ACT, 1894 - SECTION 23(2), 28 - AMENDMENT ACT 68 OF 1984 - SOLATIUM ... Thus in cases under the Act, if the Arbitrator deems it proper and fai....
2025 Supreme(Online)(Ker) 42024 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
(Paras 1-5) ... ... (B) Categories of cases - The court categorized cases into three groups: pending ... arbitration appeals, disposed arbitration appeals with pending execution petitions, and cases without fixed compensation or judgments ... (Paras 2-4) ... ... (C) Directions - The court directed expedited handling of pending appeals, ... The said awards are the subject matter of challenge in an arbitration appeal, pending before the District Court, Thrissur. W.P....
2021 0 Supreme(Mad) 1689 • India - Madras
N.SESHASAYEE
excluding benefit of additional compensation under Section 23 (2) statutorily computed at 30% of the market value (commonly known as ‘solatium ... judgment of High Court has been rendered ineffective, it (sic the judgment of the Supreme Court) would be applicable even in other cases ... The Supreme Court directed as under: Accordingly, it is directed that the award of solatium and interest on solatium should be made effective only to proceedings pending on the date of the High Court order in Golden Iron....
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