Land Acqusistion Act
Munish Kumar Garg
(Querist) 19 February 2010
This query is : Resolved
Hello members
I need your help in some Land Acquisition matter. I want to know whether solatium @ 30% is payable on additional amount of 12% awarded under Sec. 23(1-A) of the Act. If so please provide me some citations of Supreme Court Latest one as I have already searched a lot but could not find any authority.
Thanks
Parveen Kr. Aggarwal
(Expert) 19 February 2010
No. Solatium at the rate of 30 per cent is not payable on the additional amount of 12 per cent. Section 23(2) of the Land Acquisition Act, 1894 is very clear that in addition to the market value of the land, the Court shall in every case award a sum of thirty per centum on such market value, in consideration of the compulsory nature of the acquisition. Solatium is awarded only on the market value and on nothing else.
Latest Judgment "Gurpreet Singh Versus Union of India" (2006) 8 SCC 457 (Five Judges Bench of Supreme Court of India)
