Summary
Solatium under section 30(1) of the 2013 land-acquisition legislation was payable on the compensation comprising market value and attached assets, excluding the additional twelve percent annual amount under section 30(3). Compensation, solatium and the additional amount were distinct components of the final award. The landowner’s attempt to calculate solatium on the enlarged total was rejected.
Issues
- Whether the twelve percent additional amount formed part of the base for calculating one hundred percent solatium.
Held
- Reading sections 26–30 together, the final award comprised distinct compensation, solatium and additional-amount components. Solatium was one hundred percent of market value plus attached-asset value, not of that sum enlarged by the twelve percent annual addition. (¶¶ 4, 5)
- Section 69 did not alter this distinction: the aggregate final award was different from the compensation amount forming the solatium base. (¶ 4.1)
Result
Both special leave petitions dismissed; High Court ruling excluding the section 30(3) additional amount from the solatium base affirmed.