Gujarat High Court
Patel Joitaram Talshidas vs State Of Gujarat on 8 January, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/150/2025 ORDER DATED: 08/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 150 of 2025
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PATEL JOITARAM TALSHIDAS
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS. SHEETAL M. MISTRY, ADVOCATE FOR MR RAKESH R PATEL(3239)
for the Petitioner(s) No. 1
MS HETAL PATEL, AGP for the Respondent(s) No. 1,2
MR. ALKESH N SHAH(3749) for the Respondent(s) No. 3,4
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 08/01/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) [1] Ms. Sheetal M. Mistry, learned counsel holding brief of Mr. Rakesh R. Patel, learned counsel for the petitioner. [2] The issue raised in the present petition is with regard to non-grant of statutory interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act, 2013") while making the award dated 11.02.2021. It is demonstrated from the copy of the award Page 1 of 4 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:12 IST 2025 NEUTRAL CITATION C/SCA/150/2025 ORDER DATED: 08/01/2025 undefined dated 11.02.2021 at page '19' of the paper-book that apart from 100% solatium and 12% additional interest nothing has been paid over and above the market value determined by the competent authority.
[3] The question of grant of statutory interest under Section 80 of the Act has been determined by this Court in a writ petition, namely Special Civil Application No.12542 of 2024 vide judgment and order dated 04.09.2024. In a group of matters with the leading Special Civil Application No.16200 of 2024, vide judgment and order dated 03.01.2025, the issue of grant of statutory interest under Section 80 of the Act, 2013 has again being determined. It is held in the aforesaid decisions that there cannot be a denial of statutory interest under Section 80 of the Act, 2013 when the award has been made after enforcement of the Act, 2013 with effect from 01.01.2014. [4] In furtherance thereof, a copy of the Government Resolution dated 02.01.2025 issued by the Revenue Department, Government of Gujarat had been placed before us Page 2 of 4 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:12 IST 2025 NEUTRAL CITATION C/SCA/150/2025 ORDER DATED: 08/01/2025 undefined which was taken note of in the judgment and order dated 03.01.2025 to hold that in all such cases where statutory interest has not been awarded, the award would be modified in compliance of the judgment and order dated 04.09.2024 passed in Special Civil Application No.12542 of 2024 in light of Government Resolution dated 02.01.2025. Direction has been issued to the competent authority to strictly comply with the provisions of the Act, 2013 by providing interest under Section 80 of the Act and the clarification has been issued by the Revenue Department in this regard vide Government Resolution dated 02.01.2025.
[5] Taking note of the above, once we find that the present petitioner stands on the same situation, we dispose of the writ petition with the directions that the competent land acquisition officer shall make re-computation by applying the benefits of the statutory interest of 9% and 15% prescribed under Section 80 of the Act, 2013. The said computation shall be made on the total amount of the compensation which includes the market value, solatium as well as additional interest, meaning thereby all Page 3 of 4 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:12 IST 2025 NEUTRAL CITATION C/SCA/150/2025 ORDER DATED: 08/01/2025 undefined elements of compensation as provided under the Act, 2013 are to be added as compensation to compute interest over and above the total amount in accordance with the provisions of Section 80 of the Act, 2013.
[6] The competent authority is further directed to make the re-computation within a period of two months from today and the computed amount shall be paid to the petitioners / land owners within a period of ten weeks from the date of decision for re-computation by the competent authority, after due verification of the entitlement of the petitioners / land owners before him.
[7] With the above observations and directions, present petition stands disposed of.
(SUNITA AGARWAL, C.J.) (PRANAV TRIVEDI, J.) DHARMENDRA KUMAR Page 4 of 4 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:12 IST 2025