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The State of Arunachal Pradesh & Anr. vs. Mihin Laling & Ors.

Not available · 2025 INSC 1186Decided 16 Sept 2025
Not available
Chief Justice Surya Kant · Justice Joymalya Bagchi

Background

The case concerned a conflict between two legal regimes governing land acquisition in Arunachal Pradesh: the pre-independence Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947, under which certain "Jhum" (shifting cultivation) lands were acquired, and the modern national land acquisition framework (the Land Acquisition Act, 1894 and its successor, the 2013 Act) which provides for solatium and interest on compensation. The Gauhati High Court (Itanagar Bench) had ruled that landowners under the older 1947 Regulations were also entitled to the additional compensation benefits available under the 2013 Act.

Decision Breakdown

The Supreme Court agreed that affected landowners are entitled to solatium and interest as provided under the 2013 Act, and directed the State to release any unpaid arrears within three months, while preserving the State's right to later recover those amounts from the ultimate project beneficiaries. However, the Court clarified this benefit operates prospectively as a matter of legislative policy. It cannot be used to reopen acquisitions where compensation has already been finally determined, accepted, and disbursed. For acquisitions still pending before authorities or courts, compensation must now be recomputed to include solatium and interest. The appeals were allowed in part, modifying the High Court's judgment to that extent.

Lesson Learnt

Even where land was acquired under old, region-specific regulations, courts can extend modern fairness safeguards like solatium and interest to pending compensation matters, but settled, fully-paid acquisitions retain finality and cannot be reopened.

Official source (sci.gov.in)View Judgment (PDF)

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