AIR 2019 SUPREME COURT 3447 ::AIROnline 2019 SC 545 ::(2019) 3 RecCivR 736 ::(2019) 9 Scale 443 ::AIR 2019 SC (Civil) 2414

Supreme Court Of India

(From: Calcutta)*

Hon'ble Judge(s): Arun Mishra, M. R. Shah , JJ

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (30 of 2013) , S.30, S.26, S.27, S.28— Solatium payable under S. 30(1) - Determination - Solatium has to be only on market value plus value of assets attached to land and shall not include additional amount at rate of 12% per annum on such market value payable under S. 30 (3). As per Ss. 26, 27 and 28 of the 2013 Act, at the time of the final award, the Collector has to impose a 'solatium' amount equivalent to one hundred per cent of the compensation amount, as per Ss. 29 and 30 of the 2013 Act. The landowner whose land has been acquired shall also be entitled to, in addition to the market value of the land provided under S. 26 of the Act, an amount calculated at the rate of 12% per annum on such market value. Therefore, on conjoint reading of the aforesaid provisions and the scheme of the 2013 Act, the final award declared by the Collector shall be in three parts/components, namely the amount of compensation (which shall include the market value of the land to be acquired and the value of the assets attached to the land); the solatium determined and payable under sub-s. (1) of S. 30 which shall be equivalent to one hundred per cent of the compensation amount (the market value + value of assets attached to the land) and the amount calculated at the rate of 12....