• National highway authority of India

NHAI land acquisition   They Aquire 1983 and district court decided 29/11/2005case in tamilnadu district court in our favour and appeal in chennai high court disposed April 2013 and the amount for 1400000(fourteen lakh) With 15% interest on 15/04/2010 without adding solitium  amount 6827567/now all land acquisition transfer to vellore court and vellore thasildar now I want to know what will be our solitium amount how to calculate solitium amount and interests from 5/01/1986 decree amount 1417006/ 15% percentage no solitium amount now we have add solitium amount according NHAI india act we have to submit to vellore collector office there is no appeal appeal disposed on April 2013
Asked 8 months ago in Civil Law from Vellore, Tamil Nadu
Religion: None
1) The National Highways Act, 1956, under which land is acquired for NHAI, does not have the option of paying solatium or additional payment. 

2) Section 24 of the land acquisition law makes land owners eligible for higher compensation when proceedings have been initiated under the earlier provisions but the  compensation  has not been paid 

3) under the new land acqusition act the final amount to be awarded to you for your land would taken into account market value of land , multiplied by factor of 1 to 2 depending upon distance from urban area, plus value of assets attached to land and solatium 
determined under the first schedule

4) Section 30 of the Act of 2013 makes a provision for awarding solatium @ 100% of the total compensation which is required to be paid
Ajay Sethi
Advocate, Mumbai
23267 Answers
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1) solatium
 is an amount or consideration that is given over and above the compensation for land. Solatium basically compensates for a person’s emotional suffering from loss of asset, death due to disaster or natural calamity.

2)in your case land is acquired in 1983 . award has been passed but compensation not paid . you would be entitled to 100 per cent solatium of the total comepnsation 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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1) you would be entitled to benefit of new land acqusition act as although award was passed in 2005 till date compensation not paid to you 

2) The proviso appended to Section 24(2) deals with a situation where in respect of the acquisition initiated under the 1894 Act an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries then all the beneficiaries specified in Section 4 notification become entitled to compensation under 2013 Act.

3)Section 30 of the Act of 2013 makes a provision for awarding solatium @ 100% of the total compensation which is required to be paid
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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All the acquisition made under National highway ac, 1956 would necessarily have to grant solatium ad interest in terms similar to those contained in section 23(2) and 28 of the land acquisition act, 1894. 
As such solatium and the interest on the compensation awards was also needed to be awarded in the award itself. The NHAI is legally bound to pay them and it cannot negate the same on any ground or for any reason.
The calculation of solatium amount can be had from the collectorate itself. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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Our property is taken in 1983 case decided in 29/11 2005 amount calculated upto15/04/210 degree appeal disposed in 2013 decree amount 1417006 from 5/01/1986 percentage of interest 15% similar case in NHAI solitium is added in our case I want to know whether solitium I s allowed or not in our case if it is allowed for which amount we have to calculate solitium and intrest

The solatium is definitely allowed in your case, you ma see the copy of the judgement for confirmation.  The calculation also would have been mentioned in the same judgment or else you can have the same from the land acquisition department functioning in the collector's office. t
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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We have not received our compensation from NHAI position of the property taken 1983 compensation decided 29/11/2005 amount 1417006/ whether we are illegible for the new act of section 30 of 2013 act

The new act was enacted very well after the date you have mentioned hence it may not be applicable. You can find this information in  the judgment copy you possess. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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The order has to be perused before forming an opinion. Your grievance seems to be that you have not received the compensation that has been awarded to you, to remedy which you may apply for execution proceedings to the court. You do not qualify for compensation under the new act as the compensation has been awarded prior in time to the coming into being of the new act. 
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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Consult a lawyer with a copy of the order to get a clear picture.
Ashish Davessar
Advocate, Jaipur
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in Narain Das Jain v. Agra Nagar Mahapalika (1991) 4 SCC 212 , it is held by the supreme court of India that :
solatium in the scheme of Section 23(2) of the Land Acquisition Act is part of the compensation and Sections 28 and 34 of the said Act provided payment of interest on the amount of compensation.... Solatium being part of the compensation must fetch statutory interest from the date of dispossession of the landowner till date of payment.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
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solatium in the scheme of Section 23(2) of the Land Acquisition Act is a part of compensation and Sections 28 and 34 of the said Act provided payment of interest on the amount of compensation.
 
Section 25(3) contemplates payment of interests on solatium to recompensate the owner of the land or loss of user of the land from the date of taking possession till date of payment into Court.

in Union of India v. Dhanwanti Devi, it is held by the supreme court that solatium interest will be applicable on the marker rate of the property and rate of interest will be such as payable to the bank in respect of commercial purpose. it shall not be less than @15%
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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