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july 2019

Supreme Court of India · 2019-07-17

RB DEALERS PRIVATE LIMITED vs THE METRO RAILWAY(SERVICE THROUGH THE GENERAL MANAGER)

Citation / case number
SC 2019/17901
Court
Supreme Court of India
Petitioner
RB DEALERS PRIVATE LIMITED
Respondent
THE METRO RAILWAY(SERVICE THROUGH THE GENERAL MANAGER)
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MR. JUSTICE ARUN MISHRA, HON'BLE MR. JUSTICE S. ABDUL NAZEER, HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court addressed the calculation of solatium under Section 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It held that solatium must be calculated on the total compensation amount, which includes market value, value of structures, and additional 12% per annum on market value as per subsection (3) of Section 30. The Court overturned the High Court's ruling that limited solatium to only the market value, thereby affirming the Appellate Authority's decision to include all components in the solatium calculation.

RB DEALERS PRIVATE LIMITED vs THE METRO RAILWAY(SERVICE THROUGH THE GENERAL MANAGER) · Niyam