Bombay High Court Allows Land Acquisition Compensation Petitions for Katkari Tribe Members Under RFCTLARR Act, 2013 — Held That Landowners Are Entitled to Higher Compensation Under Section 26(1)(b) and Solatium Under Section 30(1) of the Act, and That the Acquisition Proceedings Were Not Vitiated by Non-Compliance with Section 4(1) of the Land Acquisition Act, 1894.

A) Land Acquisition - Compensation - Entitlement to Higher Compensation - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Sections 26(1)(b), 30(1) - The petitioners, members of the Katkari Scheduled Tribe, challenged the compensation awarded for acquisition of their lands. The court held that the petitioners are entitled to compensation under Section 26(1)(b) of the 2013 Act, which provides for higher compensation based on the market value determined as per the Act, and solatium under Section 30(1) at the rate of 100% of the market value. The court directed the respondents to recompute and pay the enhanced compensation with interest. (Paras 10-25)

B) Land Acquisition - Validity of Acquisition - Section 4(1) of the Land Acquisition Act, 1894 - The respondents argued that the acquisition was under the 1894 Act and that Section 4(1) notification was not required. The court rejected this contention, holding that the acquisition proceedings were governed by the 2013 Act and that the petitioners were entitled to the benefits under the 2013 Act. The court found that the acquisition was not vitiated by any procedural irregularity. (Paras 15-20)

C) Land Acquisition - Interest - Payment of Interest on Compensation - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 80 - The court held that the petitioners are entitled to interest on the enhanced compensation from the date of possession until payment, as per Section 80 of the 2013 Act. The court directed the respondents to calculate and pay interest accordingly. (Paras 22-25)

Whether the petitioners, members of the Katkari Scheduled Tribe, are entitled to higher compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and whether the acquisition proceedings were valid despite alleged non-compliance with Section 4(1) of the Land Acquisition Act, 1894.

• Land Acquisition
• Compensation
• Solatium
• Interest
• RFCTLARR Act
• 2013
• Section 26
• Section 30
• Section 4(1) of Land Acquisition Act
• 1894
• Katkari Tribe
• Scheduled Tribes
• Right to Fair Compensation