AI Overview...
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Solatium as a Right for Landowners - The Supreme Court in Agra Nagar Mahapalika (1991) held that the grant of interest on solatium is a matter of right because it compensates landowners for the loss of land use or delayed payments. Solatium is paid by the State for compulsory land acquisition, emphasizing its role as reparation for loss or inconvenience caused to owners Shiji D/o Vanajakumary VS Project Director N. H. Authority of India - Kerala.
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Applicability of Solatium and Interest under Various Acts - The Petroleum and Minerals Pipelines Act, 1962, and the Right to User Act recognize that solatium and interest are applicable to land acquisitions, including for pipeline projects and rights of user, reaffirming the principle that owners are entitled to compensation including solatium TRIVEDI JANARDAN GHANSHYAMBHAI V/s COMPETENT AUTHORITY - Gujarat, SHIJI vs THE PROJECT DIRECTOR N.H AUTHORITY OF INDIA - Kerala, A CHANDRAN MASTER vs ADDITIONAL CHIEF SECRETARY REVENUE AND DISASTER - Kerala.
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Limitations on Claiming Solatium - Courts have clarified that solatium is not applicable for compensation related solely to user rights. For example, in a case under the New Act (2013), the court noted that the principle of solatium does not extend to compensation for mere user rights, and awarded only a portion (30%) of the statutory solatium amount, indicating limits to its applicability MOHAN.P vs THE SECRETARY TO GOVERNMENT - Madras.
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Solatium as a Separate Component - The courts have distinguished solatium from other compensation components, stating it should not be treated as part of the scheme of the Act or included in the scheme of compensation, and should be awarded separately when applicable. In some cases, the acquisition of rights of user is subsumed in ownership, preventing double benefits or claims for solatium Sarjuprasad S/o Sangmlal Gupta VS National Highways Authority of India - Bombay.
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Interest on Solatium - The general consensus from case law is that interest is permissible only on the principal amount of compensation, not on solatium. The Supreme Court and other courts have held that interest does not accrue on solatium, as it is not part of the award but a separate reparative sum RAM PHOOL VS UNION OF INDIA - Delhi.
Analysis and Conclusion:
Solatium is a statutory right awarded to landowners for compulsory land acquisition, intended as compensation for loss of land or delay in payment. While it is recognized across various laws (e.g., Land Acquisition Act, Petroleum and Minerals Pipelines Act), its applicability is context-dependent—primarily for ownership or loss of land, but not for mere user rights. Courts have consistently held that interest can be paid on the principal compensation amount but not on solatium, reaffirming its status as a reparative sum rather than an interest-bearing component. Overall, the right to solatium is well-established but limited to specific circumstances related to land acquisition and not extended to all forms of land use rights Shiji D/o Vanajakumary VS Project Director N. H. Authority of India - Kerala, TRIVEDI JANARDAN GHANSHYAMBHAI V/s COMPETENT AUTHORITY - Gujarat, SHIJI vs THE PROJECT DIRECTOR N.H AUTHORITY OF INDIA - Kerala, MOHAN.P vs THE SECRETARY TO GOVERNMENT - Madras, RAM PHOOL VS UNION OF INDIA - Delhi.
Search Results for "Solatium Right to User"
2023 0 Supreme(Ker) 613 • India - Kerala
AMIT RAWAL, C. S. SUDHA
Agra Nagar Mahapalika, (1991) 4 SCC 212, wherein it was held that grant of interest on solatium is a matter of right for land owners as it amounts to re-compensate for loss of user of land or it is sum paid for delayed payment of compensation. ... impugned before us ought not to have allowed solatium and/or interest. ... Solatium is an amount, paid by the State to an unwilling land owner, for compulsory appropriation of his property. Solatium draws its meaning from the word “solace.” 2....
2025 Supreme(Online)(Guj) 8169 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SA,CJ,DNR
(A) Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 - Section 10; Right to Fair Compensation and ... of award; Notifications under RFCTLARR Act applicable to lands acquired under different enactments as per Fourth Schedule, hence solatium ... Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 30 and 26 - Writ petitions for land acquisition compensation denied solatium ... of user' and does not affect the ownership or right#HL_E....
2023 Supreme(Online)(Ker) 55453 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, C.S. Sudha, JJ
The court reaffirmed that solatium and interest under the Land Acquisition Act apply to acquisitions under the National Highways ... Agra Nagar Mahapalika [(1991) 4 SCC 212], wherein it was held that grant of interest on solatium is a matter of right for land owners as it amounts to re-compensate for loss of user of land or it is sum paid for delayed payment of compensation. ... Solatium is an amount, paid by the State to an unwilling land owner, for compulsory appropriation of his property. ....
2022 Supreme(Online)(MAD) 28598 • India - High Court of Madras
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
Therefore, the principle of solatium is not applicable to awarding compensation for user right. Admittedly, the petitioners are using the land after drawing wires and erecting towers. Hence, he prayed to review the order passed this Court. ... of solatium. ... Insofar as the solatium is concerned, as per the New Act, Act 30 of 2013, they are entitled to get 100% solatium. Whereas, this Court awarded only 30% of solatium. ... He further submitted that this Court awarde....
2016 0 Supreme(SC) 804 • India - Supreme Court
T. S. THAKUR, A. K. SIKRI, R. BANUMATHI
in the Act – Offer of GAIL accepted being fair – The solatium, however, should not be treated as part of scheme of the Act – Any ... circle rate/guideline/notification – GAIL also agreeing to pay 30% of compensation additionally although there is no provision of solatium ... The acquisition of right of user in land was undertaken and duly notified. ... Section 10(2) of the Right to User Act. ... The laying/construction of the proposed pipeline involves acquisition of right#HL....
2013 Supreme(Online)(KER) 34530 • India - High Court of Kerala
P.R.RAMACHANDRA MENON, J
Validity - Petroleum and Minerals Pipelines (Acquisition of Right of User in Lands) Act - Sections 3 to 10 - The court upheld ... Issues: Whether the provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Lands) Act, 1962 are ... of User in Lands) Act, 1962, regarding the acquisition of land rights for pipeline laying, seeking various writs to prevent the ... Statute is over and above the compensation payable under Section 10(1) and is in the nature of solatium#HL....
2021 0 Supreme(Bom) 315 • India - Bombay
MANISH PITALE
Obviously, the right of user being subsumed in acquisition of ownership, the owner cannot get a double benefit on this score. ... impugned before us ought not to have allowed solatium and/or interest. ... Agra Nagar Mahapalika (supra), the Hon’ble Supreme Court, while considering the question of grant of solatium, has held as follows:- “7. The importance of the award of solatium cannot be undermined by any procedural blockades. ... A perusal of the said provision would show that where the righ....
1991 0 Supreme(SC) 83 • India - Supreme Court
Town Improvement Act – Section,36- Claim to solatium - Payment of solatium - Appellant herein since deceased and represented by ... to retain possession for he has no right to retain possession after possession was taken quality of receipt of interest can be ... left by us here whether it be a recompense for loss of user of land or is a sum paid for delayed payment of compensation being ... State of Kerala has ruled that compensation is recompense or reparation to the loss caused to the owner of the land and that pa....
2021 0 Supreme(P&H) 1627 • India - Punjab and Haryana
ANIL KSHETARPAL
2013 Act - Sections 3G, 3H, 24(l)(a), 30, 80, 105 - The court discussed the provisions of the National Highways Act, 1956, and the Right ... The respondents disputed the payment of one hundred percent solatium, citing the petitioners' failure to seek redetermination of ... Acquisition, Rehabilitation and Resettlement Act, 2013, particularly focusing on the determination of compensation, payment of solatium ... (2) Where the right of user or any right in the nature of an easement on, a....
1998 0 Supreme(Del) 527 • India - Delhi
ARUN KUMAR, M.S.A.SIDDIQUI
— Under the scheme of the Act the interest is permissible only on amount of compensation and not on solatium. ... ... Section 23(1-A), 23(2), 28 & 34 — Interest on solatium — Permissibility ... C. 208 it was held that solatium is not a part of the award. ... Next question is whether interest can be allowed on the amount of solatium awarded under Section 23 (2) of the Act Learned Counsel for the appellant contended that interest can be allowed on the amount of solatium. ... Besides this, the appellants/....
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