RB DEALERS PRIVATE LIMITED versus THE METRO RAILWAY, KOLKATA

RB DEALERS PRIVATE LIMITED versus THE METRO RAILWAY, KOLKATA

Solatium as contemplated under Section 30(1) of the 2013 Act should be calculated only on the market value and assets attached to the land as determined under Sections 26 to 29, excluding the amount calculated at the rate of 12% per annum under Section 30(3).

Parties
Petitioner: RB Dealers Private Limited; Respondent: The Metro Railway, Kolkata
Jurisdiction
India
Judgment Date
17 July 2019
Procedural Posture
Special Leave Petition (civil) / Final Disposition by Supreme Court
Outcome
Special Leave Petitions dismissed
Legal Topics
Solatium Calculation, Compensation Determination, Interpretation of Land Acquisition Statutes
Land Acquisition Constitutional Law Solatium Calculation Compensation Determination Interpretation of Land Acquisition Statutes

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Parties

RB Dealers Private Limited

Petitioner

The Metro Railway, Kolkata

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether solatium under Section 30(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is to be calculated only on the market value and assets thereon, or also on the sum total including 12% per annum on the market value stipulated under Section 30(3)

Ratio Decidendi

Solatium as contemplated under Section 30(1) of the 2013 Act should be calculated only on the market value and assets attached to the land as determined under Sections 26 to 29, excluding the amount calculated at the rate of 12% per annum under Section 30(3).

Court Disposition

Special Leave Petitions dismissed

Orders

  • SLPs dismissed
  • The High Court's view affirmed that solatium is to be calculated only on market value and assets, excluding the additional 12% per annum amount.