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Supreme Court of India 2024-05-01 dismissed

UNION OF INDIA & ANR vs DR. ASKET SINGH & ORS

Bench: 2 — Abhay S. Oka, Ujjal Bhuyan

In Brief

The Union of India requisitioned land belonging to Dr. Asket Singh in 1964 under the Requisitioning and Acquisition of Immovable Property Act, 1952. The Government delayed offering compensation for 12 years, and the arbitration proceedings took nearly 22 years more to conclude. The High Court valued the land at Rs. 350/- per marla (not Rs. 150/- as the arbitrator found) and awarded solatium at 30% of the market value plus interest. The Supreme Court upheld this, holding that although the 1952 Act contains no statutory provision for solatium or interest, such relief must be granted when the Government unreasonably delays payment of compensation, as this violates the property rights guaranteed under Article 300A and constitutes arbitrariness prohibited by Article 14.

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Land Acquisition Property Rights Administrative Law Constitutional Law Compensation Delay in Government Action Arbitration

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