AI Overview...
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Interest on Compensation and Solatium - Courts have discussed the principles governing the payment of solatium and interest on land acquisition compensation, emphasizing their entitlement under various statutes, including the National Highways Act, 1956, and the RFCTLARR Act, 2013. For instance, Tarsem Singh's case (2019) clarified that solatium and interest are integral parts of compensation, with interest limited by delays in claims Universal Construction Machinery and Equipment Limited VS National Highway Authority of India - Uttarakhand, Satishbhai Viriyabhai Gamit vs Union Of India - Gujarat.
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Legal Framework and Statutory Provisions - The RFCTLARR Act, 2013, mandates fair compensation, including solatium and interest, especially under Sections 26 and 30, which specify additional compensation and interest payable. However, certain statutes like the Karnataka Highways Act, 1964, and the Petroleum and Minerals Pipelines Act, 1962, have specific provisions that may exclude or limit solatium and interest Hem Chandra VS State Of Uttar Pradesh - Allahabad, TRIVEDI JANARDAN GHANSHYAMBHAI V/s COMPETENT AUTHORITY - Gujarat.
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Entitlement and Calculation of Interest - Courts have held that interest is payable from the date of notification or award, with delays impacting the interest amount. The determination of compensation, including solatium and interest, should be made by appropriate authorities like Arbitrators, not solely by Collectors, to ensure proper adjudication Mihin Laling S/o Late Mihin Talang VS State of A. P. - Gauhati, Rajinder Kumar Agarwal VS Union Of India - Delhi.
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Case Law and Judicial Directions - In Tarsem Singh (2019), the Supreme Court affirmed the entitlement to solatium and interest, limiting interest where delays occurred. The Court has also directed authorities to work out and pay solatium and interest promptly, reinforcing the right to fair compensation Mihin Laling S/o Late Mihin Talang VS State of A. P. - Gauhati.
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Taxability and Additional Compensation - The Act generally exempts compensation, including solatium and interest, from income tax, but specific provisions may vary, and courts have examined the legality of awards that exclude such payments Commissioner of Income Tax (TDS), Bengaluru VS Tushira Industries, Rep. by Its Partner, Shri Purushottam, S/o. Akhai Patel - Karnataka.
Analysis and Conclusion
Interest on compensation for land acquired under RFCTLARR and related statutes is generally awarded as part of the statutory entitlement, with courts emphasizing timely payment and proper calculation. Solatium is recognized as a mandatory component, and interest is payable from the date of notification or award, subject to delays. While the RFCTLARR Act provides a comprehensive framework for fair compensation, certain statutes may have specific provisions affecting the payment of interest and solatium. Judicial decisions reinforce the importance of prompt and fair payment, with authorities directed to compute and disburse interest and solatium appropriately, ensuring the rights of landowners are upheld.
Search Results for "Interest on Compensation for Solatium Rfctlarr Legislation"
2023 0 Supreme(UK) 295 • India - Uttarakhand
SHARAD KUMAR SHARMA
Tarsem Singh' was referenced to establish the principles of payment of solatium and interest. ... The court also discussed the principles of payment of solatium and interest as per the judgment of 'Union of India Vs. ... court discussed the entitlement of interest and solatium payable on land acquired under the National Highways Act, 1956, and the ... and interest on an....
2024 0 Supreme(All) 822 • India - Allahabad
MANOJ KUMAR GUPTA, KSHITIJ SHAILENDRA
LAND ACQUISITION - COMPENSATION DETERMINATION - Right to Fair Compensation and Transparency in Land Acquisition ... compensation reflective of current market values. ... The court emphasized that the reference date for compensation should be 01.01.2014, ensuring fair compensation for the petitioner ... It was held that the said provisions resulting in non-grant of solatium and ....
2024 0 Supreme(Kar) 533 • India - Karnataka
KRISHNA S. DIXIT, VIJAYKUMAR A. PATIL
(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act ... Section 96 applies only to compensation under the 2013 Act, not other statutes like the Karnataka Highways Act, 1964. ... , 2013 - Section 96 - Income Tax Act, 1961 - Exemption from income tax on compensation for land acquisition - The court held that ... Further, the Court also discussed the taxability of additional compe....
2022 0 Supreme(Gau) 1104 • India - Gauhati
ROBIN PHUKAN
interest – By a mandamus of this court, state respondents are directed to work out and make payment of solatium and interest to ... to petitioners herein, under Regulation 1947 – In addition to said compensation amount, petitioners are entitled to solatium and ... Constitution of India, 1950 – Article 14, 16, 226 – Right to Fair Compensation and Transparency in Land ... (iv) The petitio....
2025 Supreme(Online)(Mad) 30991 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, G.ARUL MURUGAN
(A) National Highways Act, 1956 - Sections 3-A, 3-D, and 3-G - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ... and interest payable in cases covered by both Acts. ... Therefore the provisions of the Highways Act, 1956, which is one of the 13 legislation in the Fourth Schedule would get automatically ... take place under the National Highways Act and the 1952 Act, the notification of 2015 under the new Acq....
2019 0 Supreme(SC) 1041 • India - Supreme Court
ROHINTON FALI NARIMAN, SURYA KANT
As no solatium or interest is provided by the Act, such solatium and interest was not awarded by the Arbitrator. ... (a) Land acquisition law - Solatium - “Solatium” is part and parcel of compensation that is payable for ... and interest done away with - No nexus with object of amendment as payment of solatium and interest#H....
2025 0 Supreme(Guj) 1343 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
and interest - Court noted that provisions were academic without prejudice claims and previous awards specified solatium and interest ... entitlements - (Paras 2, 5, 16) ... ... (B) Solatium and interest - Rights of ... Tarsem Singh, [(2019) 9 SCC 304] - Orders for solatium were affirmed, but interest applicable was limited due to delay in claims ... ’ or ‘i....
2024 0 Supreme(Mad) 2233 • India - Madras
N. SATHISH KUMAR
Act, 2013, and set aside the award, directing a fresh determination of compensation. ... and Resettlement Act, 2013 - Section 26 - Land acquisition - Petitioner challenged the award fixing compensation for land acquired ... (A) Tamil Nadu Highways Act, 2001 - Sections 15(1) and 15(2) - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ... The 1st respondent will also award solatium, additional....
2025 Supreme(Online)(Guj) 8169 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SA,CJ,DNR
denied solatium and additional compensation at 12% - Petitioners challenge validity and legality of award; Notifications under RFCTLARR ... Act applicable to lands acquired under different enactments as per Fourth Schedule, hence solatium and additional compensation must ... (A) Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 - Section 10; Right to Fair Compensa....
2022 0 Supreme(Del) 990 • India - Delhi
NAVIN CHAWLA
The compensation must be determined by the Arbitrator, not the Collector. ... The applicants argued that the LARR Act and the 2015 Order made the compensation determinable only by the Collector, not the Arbitrator ... Final Decision: The Court directed the Arbitrator to determine the compensation expeditiously, preferably within six months ... Section 30 relates to the award of solatium. 38. ... Any such legal proceedings....
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