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Supreme Court of India· 08 September 2026

Must compensation for a land acquisition with no award as of 1 January 2014 be determined under the Act of 2013, where proceedings commenced earlier?

Manav Bhanot v. National Highway Authority of India
2026 INSC 973 · SLP (C) No.27541 of 2024
Coram: Justice J. B. Pardiwala · Justice K. Vinod Chandran
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Answer

Compensation for a land acquisition with no award as of 1 January 2014 must be determined under the Act of 2013, where proceedings commenced earlier.

Yes. Under Section 24(1)(a) of the Act of 2013, as explained by the Constitution Bench in Indore Development Authority v. Manoharlal, where no award has been made under Section 11 of the Land Acquisition Act, 1894 as on 1.1.2014, all provisions of the 2013 Act relating to determination of compensation apply, even though the acquisition proceedings commenced under the earlier Act. (¶21, 22)

Headnote

National Highways Act, 1956 — s.3J, s.105 — Land Acquisition Act, 1894 — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Solatium and interest — Constitution of India, Art.14 — National Highways Act, 1956 — s.3J — Article 14 — Unconstitutional exclusion — Held: Excluding landowners under the National Highways Act from the solatium and interest available under general land acquisition law amounts to a violation of Article 14; Section 3J of the NH Act was struck down as unconstitutional on this ground. (¶6, 17) National Highways Act, 1956 — Land Acquisition Act, 1894 — Applicable rate of solatium — Held further: Solatium and interest for a National Highways Act acquisition are computed under the Land Acquisition Act, 1894 where compensation is determined before 1 January 2015, the date from which the 2013 Act was extended to such acquisitions; a later determination attracts the more beneficial 2013 Act. (¶23, 24) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s.24(1)(a) — Award pre-dating the Act — Held further: Compensation for a land acquisition with no award as of 1 January 2014 must be determined under the Act of 2013, even where the proceedings commenced earlier. Appeal allowed to the extent of directing solatium and interest under the Act of 1894. (¶21, 22, 27)

Headnote

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In the Court's own words
Paragraph 21In this context, we must notice the Constitution Bench decision of this Court in Indore Development Authority v. Manoharlal and Others[^7], wherein in Paragraphs 366.1 is relevant and is extracted hereunder: ‘366.1. Under the provisions of Section 24(1) (a) in case the award is not made as on 1-1-2014, the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation has to be determined under the provisions of the 2013 Act.’
Paragraph 22Even going by the Constitution Bench decision, the application of the Act of 2013 arises with reference to the award made, whether it be under the Act of 1894 or the Act of 2013; even if the proceedings for acquisition were commenced prior to 01.01.2014. If an award is made prior to 01.01.2014, the date of effect of the Act of 2013, then the compensation has to be determined under the provisions of the Act of 1894 in the reference under Section 18 of that Act and in any further challenge raised, wherein the solatium and interest will be as available under that Act. However, if the award is made after 01.01.2014, obviously, it has to concede to the more beneficial proceedings under the Act of 2013, even if the acquisition proceedings were commenced under the Act of 1894.
Acts & Sections
s.3J National Highways Act, 1956s.105 National Highways Act, 1956s.24(1)(a) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Art.14 Constitution of India

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Also decided in this judgment
Does excluding landowners under the National Highways Act from the solatium and interest available under general land acquisition law amount to a violation of Article 14?Is solatium and interest for a National Highways Act acquisition computed under the Land Acquisition Act, 1894 where compensation is determined before 1 January 2015?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections