National Highways Authority of India v. Tarsem Singh 2026 INSC 291 - National Highways Act - Solatium & Interest - Land Acquisition Compensation

National Highways Act, 1956 - (i) All landowners whose claims re: the quantum and/or components of compensation for their lands acquired under the NH Act were alive on or after 28.03.2008, i.e., they were pending before one of the prescribed fora, shall be entitled to seek addition of ‘interest’, ‘solatium’, and ‘interest on the solatium’ to their compensation claim; Page 12 of 14 (ii) In the cases where compensation claims are alive on the aforesaid date, but the landowner has claimed ‘interest’, ‘solatium’, and ‘interest on solatium’ after 28.03.2008, no interest on both components shall be payable for the period of delay. Such landowner shall be entitled to ‘interest’ and ‘interest on solatium’ only from the date on which such claims were raised; and (iii) If the claims of the landowners stood concluded prior to 28.03.2008, with no further appeal, Writ Petition, Special Leave Petition, etc., then such landowners are not entitled to seek reopening, review, or modification of the said decision for the purpose of claiming ‘solatium’ or ‘interest’. [Context: This review petition by NHAI sought reconsideration and clarification of the Supreme Court’s earlier rulings in Tarsem Singh‑I and Tarsem Singh‑II, particularly in light of a corrected projected liability for solatium and interest increasing from Rs. 100 crores to about Rs. 29,000 crores. The Court held that fiscal burden cannot dilute the landowners’ substantive right to just compensation, but clarified that only claims “alive” on or after 28.03.2008 can seek solatium, interest, and interest on solatium, and that old, concluded cases prior to that date cannot be reopened, while delayed claims will lose interest for the period of delay. It disposed of the review petition, framed detailed directions on which categories of landowners are entitled to what, remanded tagged appeals to the High Courts for recomputation accordingly, and barred any recovery of solatium/interest already paid.]

Review Jurisdiction - Once a judgement or an order passed by a court in a particular case has attained finality and is not the subject matter of further challenge before a prescribed forum, a subsequent change in the judicial interpretation would not entail a reversal of such decision inter-se the parties to that case -Such overturning of the principle of law cannot sustain even a formal review of the original decision once the same has attained finality. (Para 12)