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Month: May 2022

SOLATIUM

Meaning of Solatium

Solatium means  A thing given to someone has compensation. It means a thing given to someone as compensation for consolation. It is being given to meet with the unwillingness of the persons interested to part with the property being acquired.

LEGAL MEANING OF SOLATIUM 
  1. Something is given in compensation for inconvenience, loss, injury, or the like recompense.
  2. Law damages awarded to a plaintiff as compensation for personal suffering or grief arising from the injury 
SOLATIUM IN LAND ACQUISITION 

Solatium is part and parcel of compensation that is payable for compulsory acquisition of land, which may fetch a better price in the market to the landowner. Solatium and interest are integral parts of compensation that is awardable to persons whose lands have been compulsorily expropriated.

Section 30 award of solatium is the Right to fair compensation and transparency in land acquisition, rehabilitation, and resettlement act 2013

Importance of solatium 

  1. The collector having determined the total compensation to be paid , shall, to arrive at the final award,impose a solatium amount equivalent to 100% of the compensation amount i.e;; solatium amount shall be in addition to the compensation payable to any person whose land has been acquired

.Explanation.—For the removal of doubts, it is hereby declared that the solatium amount shall be in addition to the compensation payable to any person whose land has been acquired.

  1. The collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the first schedule.
  2. In addition to the market value of the land provided under section 26, the collector shall,in every case, award an amount calculated at the rate of 12% annum on such market value for the period commencing on and from the date of publication of the notification of the social impact assessment study under section 4 (2) in respect of such land ,till the date of the award of the collector or the date of taking possession of the land whichever is earlier .

CONSIDERATIONS FOR SOLATIUM 

  1. The MARKET value of property +compensation for 
  • Severance 
  • Injurious affection 
  • Temporary and permanent loss of business
  • Shifting charges 
  • Damages to standing crops 

PROBATION OF OFFENDERS

probation means ‘I prove my worth’ and is derived from the Latin word ‘ probare‘ meaning ‘tested’ or ‘proved’. The legal concept of probation is conditional suspension of sentence and it is a part of the decision making process of the judge at the time of sentencing. Thus probation is a method of penal non-institutional treatment of offenders developed as an alternative to imprisonment out of a realization that short-term imprisonment is harmful and ineffective. There is no precise legislative definition of the term probation. Neither the Criminal Procedure Code 1973 nor the Probation of Offenders Act 1958 define what probation means. Both these enactments use the words „release on probation of good conduct‟ without actually defining the term.

The object is to reform and reintegrate offenders without submitting them to the stigma of prison life. It is applicable against those offenders who are redeemable such as young offenders and first-time offenders where criminal tendencies are not deep-rooted.

The Probation of Offenders Act 1958 and Criminal Procedure Code – Sec..360 and 361. In Probation sentencing, when any convicted person is found fit to be released on probation the court may not pronounce any sentence against him but he may be released on probation for good conduct. In such a situation if the person violates the terms and conditions of probation or he is not reformed, the court then considers the sentence to be imposed

Power of court to release certain offenders on probation of good conduct

Section 4 of the Act deals with the power of the court to release certain offenders on probation for good conduct. An offender may be released on probation if the following conditions are fulfilled:

 (i) Any person is found guilty of having committed an offense; 

(ii) The offense so committed must not be punishable with death or imprisonment for life; 

(iii)The court by which the person is found guilty is of the opinion that it is expedient to release him on probation of good conduct;

 (iv)The court may form such an opinion having regard to (i) the circumstances of the case, (ii) the nature of the offense, and (iii) the character of the offender.

 If the above conditions are fulfilled, the court may, instead of sentencing him at once to any punishment, direct that the offender should be released on entering into a bond to appear and receive a sentence when called upon during the period of probation. The bond so directed may be taken with or without securities. The period of probation will be such as the court may direct but it will not exceed three years.