Interest and Solatium in Land Acquisition - Landowners are entitled to solatium and interest for land acquired under the National Highways Act, 1956. Courts have reaffirmed that these components form part of fair compensation, and delays or arbitrary decisions do not exempt authorities from paying interest Union of India VS Tarsem Singh - Supreme Court, SHIJI vs THE PROJECT DIRECTOR N.H AUTHORITY OF INDIA - Kerala, National Highway Authority of India VS Resham Singh - Punjab and Haryana, Balbir Singh (deceased) Through Lr VS Union Of India And Others - Punjab and Haryana.
Applicability of Interest on Delay - When there is delay in payment of compensation, courts have held that interest is payable to landowners. The National Highways Authority of India (NHAI) and other authorities are required to ensure timely payment, and failure to do so results in the obligation to pay interest under the relevant provisions of the Act and applicable case law Karanam Girijamma VS National Highways Authority Of India - Andhra Pradesh, SPECIAL LAND ACQUISITION OFFICER vs MAHAGUNDAPPA, S/O. ISHWARAPPA PATTANASHETTI - Karnataka.
Legal Provisions and Court Rulings - Sections 3G and 3J of the National Highways Act, along with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, emphasize timely compensation and interest in case of delays. Courts have quashed acquisition proceedings where authorities failed to comply with these provisions, underscoring the importance of prompt compensation Vinodkumar, S/o. Late M Chandrasekharan Pillai VS Special Deputy Collector, Slao & Competent Authority - Kerala, VEERAPPA VS UNION OF INDIA, BY SECRETARY TO GOVERNMENT - Karnataka.
Analysis and Conclusion:
Courts consistently affirm that in land acquisitions under the National Highways Act, interest on compensation is payable in cases of delay. The law mandates timely payment, and failure to do so entitles landowners to interest, reinforcing the principle of fair compensation. The legal framework and judicial rulings underscore that interest is an integral part of compensation when there is a delay in payment by authorities such as NHAI.
for national highways - Payment of solatium and interest done away with - No nexus with object of amendment as payment of solatium ... (a) Land acquisition law - Solatium - “Solatium” is part and parcel of compensation that is payable for ... process of acquiring land for National Highways - Grant o....
The court reaffirmed that solatium and interest under the Land Acquisition Act apply to acquisitions under the National Highways ... (Paras 12, 36) ... ... Facts of the case: ... Land was acquired for highway development with ... (A) National Highways Act, 1956 - Section 3D, 3G, 5 - Arbitration #....
of general land acquisition laws, reiterating the project’s significance and public interest. ... (A) Jammu and Kashmir Land Acquisition Act, 1990 - Sections 4, 6, 7 - National Highways Act, 1956 - Section 3A - Land Acquisition ... highway and that the RFCTLARR Act was not applicable at the time of ....
does not absolve the NHAI from compensating victims of land acquisition under the National Highways Act when arbitrary decisions ... land - The court found that landowners are entitled to solatium and interest for land acquired under the National Highways Act. ... whose land was ac....
Fact of the Case: The petitioner's land was acquired for widening of National Highway 21 and 22. ... interest on compensation awarded under the National Highways Act, 1956. ... per Section 3-H of the National Highways Act, 1956. ... Acquisition Collector-Sub Divisional Magistrate....
Fact of the Case: The Union of India through Ministry of Road, Transport and Highway, the National Highway Authority ... Delay Condonation - Land Acquisition - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement ... Act, 2013 - [DELAY CONDONATION] - [#H....
Fact of the Case: The respondents initiated land acquisition proceedings under the National ... Acquisition - National Highways Act, 1956 - Sections 3(A), 3(G), 3(H) - The court interpreted the provisions ... regarding land acquisition, emphasizing the necessity of timely compensation payment and c....
(A) National Highways Act, 1956 - Section 3G(5), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ... and Resettlement Act, 2013 - Compensation claims under national highway acquisitions - Court addressed the applicability of interest ... Findings of Court: ... NHAI required to ensure ....
Highways Act must fail- The claims of the petitioners for payment of solatium and interest shall be considered by the competent ... of land for the purpose of National Highway at various places in Thrissur and Ernakulam Districts- They were given compensation ... The National Highways Act- Sections 3G and 3J ... Fact....
Public Authorities - Land Acquisition - National Highways Act, 1956, Section 3 - The court quashed the acquisition proceedings ... It quashed the acquisition proceedings for the stretch of the highway between KM 49.474 to KM 50 under the National Highways Act, ... benefit of national#HL_EN....
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