Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | LARR Act s.30 (1) and (3) 2013 solatium |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitization and Resettlement Act, 2013 – s.30 (1) and (3) – Metro Railways (construction of works) Act, 1978 – Lands owned by petitioner were acquired for the purpose of construction of the Metro railway – Petitioner claimed compensation under the provisions of the 2013 Act – The competent authority awarded Rs.1,48,29,312 towards the market value and a sum of Rs.6,75,526/ - on account of value of structure – However, appellate authority enhanced the amount of compensation and awarded a sum of Rs.6,20,52,215/- on account of market value of structure, a further sum at the rate of 12% p.a. on market value in terms of sub-s. (3) of s.30 of the Act, 2013 and a solatium @ 100% on the total compensation i.e. total award of Rs.9,94,18, 980/— – Aggrieved, Metro Railways preferred application u/Art.227 – High Court held that the solatium payable under sub.s.(1) of s.30 has to be calculated only on the market value of the land acquired and the assets and not on the total arrived at upon assessing the market value with additional 12% p.a. – Consequently, High Court directed to reassess the total amount payable – On appeal, held: S.28 of the Act provides for parameters to be considered by the Collector in determining the compensation to be awarded for the land acquired, which includes the market value as determined u/s.26 of the Act and other parameters, but does not include the amount calculated and payable under sub-s.(3) of s.30 of the 2013 Act – Also, on fair reading of the 2013 Act, namely, ss.26 to 30, the High Court rightly observed that solatium amount to be determined and calculated under subs.(1) of s.30 of the 2013 Act shall be equivalent to 100% of the market value determined u/s.26 of the Act plus the value of all assets attached to the land i.e. the total amount of compensation and shall not include an amount calculated at the rate of 12% p.a. on such market value payable under sub-s.(3) of s.30 of the 2013 Act – Thus, Special leave petitions dismissed. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2019 INSC 771 |
Petitioner | Rb Dealers Private Limited |
Respondent | The Metro Railway, Kolkata |
SCR | [2019] 8 S.C.R. 1142 |
Judgement Date | 2019-07-17 |
Case Number | 14078 |
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