RB DEALERS PRIVATE LIMITED Vs. METRO RAILWAY

JUDGEMENT

(1.) The short question which is posed for consideration of this Court in the present Special Leave Petitions is as to whether the solatium as contemplated under sub-section (1) of Section 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the '2013 Act') has to be calculated only on the market value and assets or the sum total of the market value, the assets and additional 12% per annum on the market value stipulated under sub-section (3) of Section 30 of the 2013 Act?

(2.) That the lands owned by the petitioner herein came to be acquired for the purpose of construction of the Metro railway. That the said land was acquired under the provisions of the Metro Railways (Construction of Works) Act, 1978 (hereinafter referred to as the '1978 Act'). That the Central Government published a notification under Section 10 of the 1978 Act, inter alia, declaring that the said land should be acquired in connection with the aforesaid project. That, in the year 2014, the petitioner filed an application under Section 13(1) of the 1978 Act, inter alia, praying for the compensation in respect of the said land and the same was registered as Claim Case No. NGA-32 OF 2014. That, on 05.12.2016, the petitioner filed an application for amendment of the original claim, inter alia, praying for compensation to be determined under the provisions of the 2013 Act. That the said application for amendment came to be allowed.

(3.) Shri Huzefa Ahmadi, learned Senior Advocate appearing on behalf of the petitioner -original land owner-original claimant has vehemently submitted that the High Court has committed a grave error in holding that the solatium payable under sub-section (1) of Section 30 of the 2013 Act has to be calculated only on the market value of the land acquired and the assets thereon, and not on the total arrived at upon adding further sum of 12% per annum on market value.