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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 

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