Case Note & Summary
The petitioners filed a set of writ petitions seeking the benefit of additional compensation at 12% per annum under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the 2013 Act) on the market value of their land acquired under the National Highways Act, 1956. The land was acquired for the purpose of national highway development, and the Competent Authority and Special Land Acquisition Officer had passed an award determining the market value with multiplication factor-2 under Section 26 of the 2013 Act but did not grant the additional compensation under Section 30(3). The petitioners contended that they were entitled to such additional compensation from the date of the preliminary notification under Section 3A of the National Highways Act, 1956 until the date of the award or taking possession, whichever is earlier. The respondents opposed the petitions, arguing that the provisions of the 2013 Act were not applicable to acquisitions under the National Highways Act. The Court, after hearing the parties, held that Section 105(3) of the 2013 Act makes the compensation-related provisions of the 2013 Act applicable to acquisitions under the National Highways Act. Consequently, the petitioners were entitled to additional compensation under Section 30(3) on the market value determined under Section 26, including the multiplication factor. The Court directed the respondents to pay the additional compensation within eight weeks from the date of the judgment.
Headnote
A) Land Acquisition - Additional Compensation under Section 30(3) - Solatium - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 30(3) - The petitioners sought additional compensation at 12% per annum on the market value of land acquired under the National Highways Act, 1956, from the date of preliminary notification under Section 3A of the National Highways Act, 1956 until the date of award or possession. The Court held that the benefit of Section 30(3) of the 2013 Act is applicable to acquisitions under the National Highways Act, 1956, and the additional compensation is payable on the market value determined under Section 26 of the 2013 Act, including the multiplication factor. The Court directed the respondents to pay the additional compensation within eight weeks. (Paras 2-5) B) Land Acquisition - Applicability of 2013 Act to National Highways Act - Section 105(3) of RFCTLARR Act, 2013 - The Court noted that Section 105(3) of the 2013 Act provides that the provisions of the 2013 Act relating to determination of compensation shall apply to acquisitions under the National Highways Act, 1956. Therefore, the additional compensation under Section 30(3) of the 2013 Act is payable. (Para 4)
Issue of Consideration
Whether the petitioners are entitled to additional compensation at 12% per annum under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the market value of land acquired under the National Highways Act, 1956, for the period from the date of preliminary notification under Section 3A of the National Highways Act, 1956 until the date of award or possession.
Final Decision
The Court allowed the petitions and directed the respondents to pay the additional compensation under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the market value determined under Section 26 of the said Act, including the multiplication factor, from the date of the preliminary notification under Section 3A of the National Highways Act, 1956 until the date of the award or the date of taking possession of the land, whichever is earlier, within eight weeks from the date of the judgment.
Law Points
- Additional compensation under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013 is payable on the market value determined under Section 26 of the 2013 Act
- including the multiplication factor
- from the date of preliminary notification under Section 3A of the National Highways Act
- 1956 until the date of award or possession
- whichever is earlier.
