AI Overview...
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Entitlement to Solatium and Interest - Multiple courts have consistently held that landowners and claimants are entitled to receive solatium (compensation for emotional distress) and interest on the awarded compensation under various land acquisition statutes, notably the Land Acquisition Act, 1894, and the National Highways Act, 1956. Courts have emphasized that such entitlements are supported by statutory provisions (Sections 23(1), 23(1-A), 23(2)), constitutional principles, and Supreme Court rulings, including Vinodkumar 2020 and Pathade's case JT 1996 (2) SC 240 P.R.SUBHASH Vs THE NATIONAL HIGH WAY AUTHORITY OF INDIA - Kerala, APPUKUTTAN Vs THE ARBITRATOR (N.H.) AND DISTRICT COLLECTOR - Kerala, LAKSHMIKUTY AMMA Vs THE DEPUTY COLLECTOR - Kerala, STATE OF GUJARAT vs DINESH JAGA RABADIYA - Gujarat, THE IMPROVEMENT TRUST, BATALA THROUGH ITS CHAIRMAN vs KANWAL RAJ PURI & ORS. - Supreme Court, SPL.LAQ OFFICER vs CHAUDHARI GOVINDBHAI GANESHBHAI - Gujarat, T.C. CHACKO, Vs SPECIAL DEPUTY COLLECTOR - Kerala, ROSILY JOHN, Vs THE NATIONAL HIGHWAY AUTHORITY OF INDIA, - Kerala, MANI @ KALLAYANI, Vs THE ARBITRATOR (N.H) AND DISTRICT COLLECTOR, - Kerala, GOVINDHAMMAL vs THE SPECIAL TAHSILDAR - Madras.
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Legal Precedents and Statutory Provisions - Courts have relied on landmark judgments and specific sections of the Land Acquisition Act to affirm that claimants are entitled to solatium at 30% of the market value and interest thereon. For instance, the Court clarified that solatium is applicable on the market value as per Section 23(1), and interest on solatium is also payable, as established in Pathade's case JT 1996 (2) SC 240 and subsequent rulings THE IMPROVEMENT TRUST, BATALA THROUGH ITS CHAIRMAN vs KANWAL RAJ PURI & ORS. - Supreme Court.
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Modification of Arbitral Awards and Claims - Courts have modified arbitral awards denying solatium and interest, declaring that claimants are entitled to such benefits under statutory law. For example, reliance was placed on Golden Iron and Steel Forging to affirm entitlement, leading to the modification of awards P.R.SUBHASH Vs THE NATIONAL HIGH WAY AUTHORITY OF INDIA - Kerala, T.C. CHACKO, Vs SPECIAL DEPUTY COLLECTOR - Kerala.
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Scope under Different Acts - While the Land Acquisition Act explicitly provides for solatium and interest, courts have extended these principles to cases under the National Highways Act, noting that although the latter may lack explicit provisions, courts can still grant solatium and interest based on Supreme Court directives and constitutional mandates APPUKUTTAN Vs THE ARBITRATOR (N.H.) AND DISTRICT COLLECTOR - Kerala, MANI @ KALLAYANI, Vs THE ARBITRATOR (N.H) AND DISTRICT COLLECTOR, - Kerala.
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Conclusion - Overall, the consistent judicial stance affirms that landowners and claimants are entitled to solatium and interest on compensation for land acquired under relevant statutes. Courts have reinforced that these entitlements are rooted in statutory provisions, constitutional principles, and binding precedents, and have actively corrected awards that deny such benefits Various references.
References:
- P.R.SUBHASH Vs THE NATIONAL HIGH WAY AUTHORITY OF INDIA - Kerala, APPUKUTTAN Vs THE ARBITRATOR (N.H.) AND DISTRICT COLLECTOR - Kerala, LAKSHMIKUTY AMMA Vs THE DEPUTY COLLECTOR - Kerala, STATE OF GUJARAT vs DINESH JAGA RABADIYA - Gujarat, THE IMPROVEMENT TRUST, BATALA THROUGH ITS CHAIRMAN vs KANWAL RAJ PURI & ORS. - Supreme Court, SPL.LAQ OFFICER vs CHAUDHARI GOVINDBHAI GANESHBHAI - Gujarat, T.C. CHACKO, Vs SPECIAL DEPUTY COLLECTOR - Kerala, ROSILY JOHN, Vs THE NATIONAL HIGHWAY AUTHORITY OF INDIA, - Kerala, MANI @ KALLAYANI, Vs THE ARBITRATOR (N.H) AND DISTRICT COLLECTOR, - Kerala, GOVINDHAMMAL vs THE SPECIAL TAHSILDAR - Madras
Search Results for "Entitled Solatium"
2021 Supreme(Online)(KER) 24830 • India - High Court of Kerala
P. B. Suresh Kumar, C.S. Sudha, JJ
Issues: Whether the appellants are entitled to solatium and interest as per the Land Acquisition Act in the context of the ... and Conciliation Act 1996, Section 34; Land Acquisition Act 1894, Sections 23(2), 28 - The court concluded that appellants are entitled ... to solatium and interest as per Land Acquisition Act provisions, which were denied in arbitral awards. ... Placing reliance on Golden Iron and Steel Forging, this Court modified the arbitral award declaring that the appellants therein are entitled#....
2020 Supreme(Online)(KER) 45016 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Issues: Whether the petitioners are entitled to solatium and interest in light of previous Supreme Court decisions and if ... Finding of the Court: The court found that the petitioners were entitled to solatium and interest based on constitutional ... Acquisition - National Highways Act Section List - The court emphasized the application of Land Acquisition Act provisions regarding solatium ... Vinodkumar and Another [2020 (2) KLT 399] to bring home his point that the petitioners are also ....
2020 Supreme(Online)(KER) 45903 • India - High Court of Kerala
A. Muhamed Mustaque, J
Issues: Whether the petitioners are entitled to solatium and interest based on the Supreme Court's ruling, and if their representations ... Final Decision: The writ petition was disposed of, directing review of the claim for solatium and interest. Project Director, National Highway would submits that the petitioners were awarded compensation a decade ago and their remedy is to challenge the compensation amount awarded in accordance with the provisions of National Highway Act if they were not granted solatium
• India - Gujarat High Court
D.K. TRIVEDI, J
The court determined that the claimants were entitled to both solatium and interest under the Land Acquisition Act, referencing several ... on the solatium and as the claimants are not entitled for interest on the solatium amount,the Darkhasts filed by the claimants deserve to be rejected. ... Pathade's case reported in JT 1996 (2) SC 240, in term held that the claimants are entitled even for interest on the amount of solatium. ... As per the Schedule to the Judgment....
2023 Supreme(Online)(SC) 5142 • India - Supreme Court
SURYA KANT, DIPANKAR DATTA, JJ
land owners are entitled to claim solatium and additional market value as part of the market value for calculating compensation. ... Findings clarify that solatium at 30% is only on the market value defined in Section 23(1). ... (A) Land Acquisition Act, 1894 - Sections 23(1), 23(1-A), 23(2) - Solatium and market value - The Court addressed the issue of whether ... The short question that falls for consideration is whether the respondent-land owners are entitled to seek 30% solatium u....
• India - Gujarat High Court
B.J. Shethna, M.C. Patel, JJ
The court concluded that Rs.12/- per sq. mtr. is just compensation and the claimants are entitled to interest on solatium under section ... Now, it is a well-settled law by the Apex Court that the claimants are entitled for the interest on the solatium amount as well as 12% price difference under Section 23(1)(A) of the Land Acquisition Act . The Reference Court has wrongly disallowed their claims on these points. ... Accordingly, the cross- objections are allowed and it is held that the respondents – claimants are #HL_....
2021 Supreme(Online)(KER) 17587 • India - High Court of Kerala
P. B. Suresh Kumar, C.S. Sudha, JJ
They contested the compensation awarded by the Arbitrator, primarily claiming they were entitled to solatium and interest under the ... Finding of the Court: The court found that the appellants were indeed entitled to solatium and interest based on binding ... Issues: Whether the appellants are entitled to solatium and interest under the Land Acquisition Act despite not claiming these ... Placing reliance on Golden Iron and Steel Forging, this Court modified the arbitral award decla....
2020 Supreme(Online)(KER) 14050 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Finding of the Court: The court accepted that the petitioners are entitled to solatium and interest as declared in ... Issues: Whether the petitioners are entitled to solatium and interest under the National Highways Act following the Supreme ... petitioners challenged the compensation fixed for their acquired property under the National Highways Act, arguing that they were entitled ... Vinodkumar and Another [2020 (2) KLT 399] to bring home their point that the petitioners are also entitl....
2020 Supreme(Online)(KER) 11572 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Issues: Whether the petitioners are entitled to solatium and interest on compensation for land acquired under the National ... Finding of the Court: The court concluded that the petitioners are entitled to solatium and interest under the provisions ... to solatium and interest as declared by the Supreme Court. ... Vinodkumar and Another [2020 (2) KLT 399] to bring home their point that the petitioners are also entitled to the solatium and interest. 4. ... Though th....
2024 Supreme(Online)(MAD) 13349 • India - High Court of Madras
Hon`ble Mr Justice KRISHNAN RAMASAMY
Issues: Whether the appellants are entitled to solatium and interest on compensation for land acquired under the National ... to solatium and interest regardless of previously prevailing laws. ... National Highways Act, 1956, Land Acquisition Act, 1894 (Sections 23, 23(1-A), 23(2), 28) - The court determined that landowners are entitled ... He pointed out that though there is no provision available under the National Highways Act, 1956 for awarding solatium and interest to the landowners, still the app....
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