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
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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
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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
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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
