I have also considered as to whether, the solatium or the component interest can be granted on the compensation determined under Section 48 of the Act. Section 48(3) of the Act provides that the provisions of Part III of the Act shall apply, "so far as may be", to the determination of the compensation payable under the said Section. Section 23 of the Act which undoubtedly falls in Chapter III of the Act reads thus:
"23. Matters to be considered in determining compensation - (1) In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration -
[1-A) In addition to the market value of the land, as above provided, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on such market-value for the period commencing on and from the date of the publication of the notification under Section 4, sub-section (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. Explanation. - In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded.]
(2) In addition to the market-value of the land, as above provided, the Court shall in every case award a sum of [thirty per centum] on such market-value, in consideration of the compulsory nature of the acquisition."
(Emphasis supplied)
It can thus clearly be seen that Section 23 of the Act would apply only for determination of the amount of compensation to be awarded for the "land acquired" and not otherwise. Quite to the contrary Section 48 of the Act pertains to the determination of compensation for the land, which is not acquired on account of withdrawal from the acquisition. Thus, the solatium under Section 23(2) and the component interest under Section 23(1) of the Act would not be admissible on the compensation awarded under Section 48 of the Act.
IN THE HIGH COURT OF BOMBAY AT GOA
Writ Petition No. 608 of 2014
Decided On: 05.03.2019
Corporation of the City of Panaji Vs. The Deputy Collector (LA) & Land Acquisition Officer, Collectorate, Panaji and Ors.
Hon'ble Judges/Coram:
C.V. Bhadang, J.
Citation: 2019(5) MHLJ 474
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