Gujarat High Court
Aayar Khemabhai Govabhai vs The State Of Gujarat on 29 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/10267/2025 ORDER DATED: 29/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10267 of 2025
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AAYAR KHEMABHAI GOVABHAI & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR AV PRAJAPATI(672) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,3,4,5,6,7,8,9
MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,3,4,5
MR. ALKESH N SHAH(3749) for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 29/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The issues raised in the present petition are same as have already been adjudicated in a writ petition namely Special Civil Application No.12249 of 2024.
2. The petitioners who are claiming non-payment of statutory interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 have kept silent for a period of 10 years and have filed the present petition after Page 1 of 5 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:38:13 IST 2025 NEUTRAL CITATION C/SCA/10267/2025 ORDER DATED: 29/07/2025 undefined the notification dated 02.01.2025 has been issued on the cognizance is taken by this Court in a matter about denial of the statutory interest. The issues raised in the present petition were directly and substantially in issue in the Special Civil Application No.12249 of 2024, which has been rejected on the ground that the petitioners have failed to explain the latches of more than 09 years. Here also there is no explanation in the present petition about the latches on the part of the petitioners who had acquiesced with the interest of 9% granted to them in the award which was passed on 14.09.2015. The Special Civil Application No.12249 of 2024 has been dismissed by the judgment and order dated 22.08.2024 in the following manner.
"1. The present petition is filed with a prayer to grant statutory interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the compensation amount awarded under the Award dated 31.12.2015 in Land Acquisition Case No.341 of 2013 as also on the amended Award dated 23.10.2018.
2. We may note that the petitioners have not raised any dispute with regard to non-inclusion of statutory interest Page 2 of 5 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:38:13 IST 2025 NEUTRAL CITATION C/SCA/10267/2025 ORDER DATED: 29/07/2025 undefined in the Award which was passed on 31.12.2015. Even this issue was not raised at the time when claim for multiplier of Factor 2 was raised and amended Award was passed on
23.10.2018. After a period of 9 years from the date of the original award and almost 6 years from the date of the amended award, for the first time, the instant petition has been filed on the premise that in identical matter, by judgment and order dated 08.07.2024, this Court has directed the respondents to pay the statutory interest as prescribed under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act' 2013").
3. It is an admitted fact of the matter that in the original Award dated 31.12.2015, the interest at the rate of 9% in the shape of rent, as per the Government Resolution from the date of possession, had been included in place of statutory interest of 9% and 15% as per Section 80 of the Act' 2013.
4. No grievance, however, had been raised by the petitioners for a sufficient long time, i.e. for 9 years. For this reason, we are of the considered opinion that the petitioners have acquiesced with the compensation Page 3 of 5 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:38:13 IST 2025 NEUTRAL CITATION C/SCA/10267/2025 ORDER DATED: 29/07/2025 undefined determined under the Award dated 31.12.2015. The dead claim sought to be revived on the basis of the order dated 08.07.2024 would cause burden on the State exchequer, inasmuch as, any additional amount towards interest under Section 80 of the Act' 2013 has to be paid out of the public money. Once acquiesced with the determination made under the Award dated 31.12.2015, the petitioners cannot be permitted to revive a dead claim on the premise of similar order passed by this Court.
5. The fact that in one of the matter, the interest at the rate of 9% and 15% under Section 80 of the Act' 2013 was directed to be added in the Award dated 09.09.2016 would not be a reason to pass similar order in the present case, as no plausible submission could be made by the learned advocate for the petitioners for explaining the latches on the part of the petitioners, i.e. the claim of the petitioners being dead after a period of 9 years.
6. For the aforesaid, the Writ petition is dismissed being devoid of merits."
3. We do not find any reason to take a different view in the present matter on the submissions made by the learned Page 4 of 5 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:38:13 IST 2025 NEUTRAL CITATION C/SCA/10267/2025 ORDER DATED: 29/07/2025 undefined counsel for the petitioners based on the judgment of the Apex Court in the case of Bernard Francis Joseph Vaz & Others Vs. Government of Karnataka & Others; 2025 Law Suit (SC) 1, which has been rendered in the facts and circumstances of the said case. The petitioners being fence sitters cannot be permitted to seek interest after 15 years.
4. The present petition stands dismissed, accordingly.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) A. B. VAGHELA Page 5 of 5 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:38:13 IST 2025