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New Delhi · Wednesday, 28 October 2026
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Supreme Court of India 2026-03-25 dismissed

National Highways Authority of India vs Tarsem Singh and Ors

Bench: 2 — Surya Kant, Ujjal Bhuyan

In Brief

When the National Highways Act was amended in 1997, it excluded solatium and interest from land acquisition compensation, unlike the older Land Acquisition Act. Landowners challenged this as discriminatory under the Constitution. The Supreme Court held the exclusion unconstitutional and entitled landowners to solatium and interest. The government sought review, citing a massive financial burden of ₹29,000 crore. The Court rejected this, holding that constitutional rights cannot be overridden by fiscal concerns. It clarified that benefits apply to claims pending after March 28, 2008. Claims concluded before that date cannot be reopened. Delayed claims lose interest for the delay period.

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Constitutional Law Land Acquisition Equality before Law Right to Property Compensation Administrative Law Fiscal Impact vs Constitutional Rights Finality of Judgments Statutory Interpretation

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