STATE OF PUNJAB versus AMARJIT SINGH AND ANR.

STATE OF PUNJAB versus AMARJIT SINGH AND ANR.

Additional amount under Section 23(1A) of the Land Acquisition Act, 1894, is awardable only on the market value determined under the first factor of Section 23(1) and cannot be calculated on the solatium payable under Section 23(2). Orders of the High Court and Executing Court holding otherwise are set aside.

Parties
Appellant: State of Punjab; Respondent: Amarjit Singh and Anr.
Jurisdiction
India
Judgment Date
08 February 2011
Procedural Posture
Civil Appeal / Appeal Against Revisional Order of High Court
Outcome
Appeal allowed
Legal Topics
Compensation Calculation, Statutory Benefits, Solatium, Additional Amount Under Section 23(1 A)
Land Acquisition Compensation Calculation Statutory Benefits Solatium Additional Amount Under Section 23(1 A)

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Parties

State of Punjab

Appellant

Amarjit Singh and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Revisional Order of High Court

Legal Issues

  1. 1 Whether additional amount under Section 23(1A) of the Land Acquisition Act, 1894, is payable on the solatium under Section 23(2)

Ratio Decidendi

Additional amount under Section 23(1A) of the Land Acquisition Act, 1894, is awardable only on the market value determined under the first factor of Section 23(1) and cannot be calculated on the solatium payable under Section 23(2). Orders of the High Court and Executing Court holding otherwise are set aside.

Court Disposition

Appeal allowed

Orders

  • Orders of the High Court and Executing Court, in so far as they hold that additional amount under Section 23(1A) is payable on solatium, are set aside.
  • It is declared that additional amount under Section 23(1A) is awardable only on the market value determined under the first factor of Section 23(1) of the Act and cannot be calculated on the solatium payable under Section 23(2) of the Act.