take the balance 50% in cash;
(ii) They should forego 30% solatium under Land Acquisition Act; and
(iii) They should not approach the Court ... direction of the Government the Land Acquisition Officer has granted 30% solatium on the award amount in the year 1993 by Award dated
acre and the compensation was enhanced and besides that solatium @ 30% was allowed on the amount of compensation and besides that interest ... Manjul Prasad, learned counsel for the appellant that payment of solatium @30% and interest @15% from 3.3.1972 to 2.3.1973 and further the interest
case by giving
the award at Rs. 32,589.00, including 30% solatium, 12% interest, and fixing
the compensation at the rate ... said
LA case, by giving an award of Rs. 1,30,995.00, including 30% solatium, 12%
interest, and fixing the compensation at the rate
cent and granted the statutory benefits viz., 30% solatium, 12%
additional amount under Section 23 (1-A) an interest at 9% for the first ... extent of 304.20 cents cents
6. 30% Soltium 60840x0.3 18,252 30% Solatium 11080x0.3 3,324
7. 12% Addl. Market 60840x0
square yard and also granted 12% additional market value and 30% solatium as per the amended Act of 1984. He deducted 40% towards ... Addl. Market value @ 12% Rs. 33,662-20
c) 30% Solatium on lard value Rs. 28,314-00
------------------
Total Rs. 1,56,356-20
------------------
Survey
payable on the solatium and the claimants are entitled to 30%
solatium on account of compulsory acquisition on the enhanced
compensation. For the first year ... payable on the solatium and the claimants were held entitled to
30% solatium on account of compulsory acquisition on the
enhanced compensation. For the first
reference court has committed a manifest error of law in awarding solatium @ 30% instead of 15%, despite the fact that the acquisition was made ... 30 April, 1982 and 24 September, 1984. In other words S. 30(2) of the Amendment Act extends the benefit of the enhanced solatium
30%. The relevant part
of the award of the LAC, whereby the market value was fixed @ `6 lakhs
and `8 lakhs per acre + 30% solatium ... account of the
solatium, which has been granted is set aside. It is
clarified that the solatium will be @ 30% only as per the
statutory
meter).
d) Total Market value ...... Rs. 49,56,387.00
e) Solatium @ 30% over & above the Rs. 14,86,916.00
market value ..........
f) Addl. Component ... acquired land
under protest.
3. The respondents shall also pay claimants 30%
solatium and 12% component on enhanced
compensation with effect from the date
30(2) and Section 30(3) , additional rights and
Page 3 of 10
C/FA/374/1991 JUDGMENT
benefits of enhanced rate of solatium ... 30 April, 1982
and 24 September, 1984. In other words s.30(2) of the Amendment Act
extends the benefit of the enhanced solatium