Gujarat High Court
Thakor Ajmalbhai Bharubhai vs State Of Gujarat on 4 September, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/12232/2024 ORDER DATED: 04/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12232 of 2024
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THAKOR AJMALBHAI BHARUBHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR AV PRAJAPATI(672) for the Petitioner(s) No.
1,10,11,2,3,4,5,6,7,8,9
MS HETAL PATEL ASST.GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 04/09/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
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
31.08.2015 in Land Acquisition Case No.333 of 2013 as
also on the amended Award dated 20.06.2018.
2. We may note that the petitioners have not raised any
dispute with regard to non-inclusion of statutory interest
in the Award which was passed on 31.08.2015. Even this
NEUTRAL CITATION
C/SCA/12232/2024 ORDER DATED: 04/09/2024
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issue was not raised at the time when claim for multiplier
of Factor 2 was raised and amended Award was passed
on 20.06.2018. 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 31.08.2015, 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
determined under the Award dated 31.08.2015. The dead
claim sought to be revived on the basis of the order dated
08.07.2024 would cause burden on the State exchequer,
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C/SCA/12232/2024 ORDER DATED: 04/09/2024
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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 31.08.2015,
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
laches 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.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
SAHIL S. RANGER
