Shimla (Himachal Pradesh) [India], October 15 (ANI): The Himachal Pradesh High Court has directed SJVN Limited (SJVNL) to pay solatium, interest and other statutory benefits to landowners whose land was acquired for the 210 MW Luhri Hydro Electric Project (Stage-I), holding that the company is bound by the conditions imposed by the state government while approving negotiated land compensation rates.
Justice Sandeep Sharma, while allowing a batch of petitions led by CWP No. 13048 of 2025 and connected matters, directed SJVNL to disburse the benefits payable under Sections 30(1), 30(3) and 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within three months.
The dispute arose from the procurement of private land in villages, including Badrash and Nirath, for the hydroelectric project. Instead of proceeding through formal compulsory land acquisition, the company obtained the land through negotiated rates finalised by a government-constituted Negotiation Committee.
The Himachal Pradesh government, while approving the negotiated rates on March 6, 2020, had specifically stipulated that SJVNL would comply with the mandatory provisions of the 2013 Land Acquisition Act relating to compensation, rehabilitation and resettlement.
The company subsequently resisted the landowners’ claims for solatium and other statutory benefits, contending that the provisions were not applicable because the land had been purchased through direct negotiations rather than acquired through a formal award by the competent authority.
The High Court rejected this contention, emphasising that the manner in which the land was procured could not be used to disregard the conditions attached to the government’s approval of the negotiated compensation.
The court also took note of the fact that SJVNL had already paid solatium in respect of structures situated on the acquired land. This, the court observed in the context of the dispute, supported the landowners’ claim for the benefits promised under the terms governing the acquisition.
Invoking the doctrine of promissory estoppel, the court held that SJVNL was bound by the commitments and conditions under which the land had been obtained. The company could not rely on the negotiated nature of the transaction to avoid its obligation to extend the applicable statutory benefits to the affected landowners.
The ruling provides relief to the petitioners seeking solatium, interest and additional compensation-related benefits for land utilised for the Luhri Hydro Electric Project and requires SJVNL to comply with the court’s directions within the stipulated three-month period. (ANI)
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