Gujarat High Court
Vankar Keshabhai Ranchhodbhai vs State Of Gujarat on 9 January, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/176/2025 ORDER DATED: 09/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 176 of 2025
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VANKAR KESHABHAI RANCHHODBHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR RAKESH R PATEL(3239) for the Petitioner(s) No. 1,2,3
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 : 09/01/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
[1] Heard Mr. Rakesh R. Patel, learned counsel for the
petitioners.
[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
18.09.2021. It is demonstrated from the copy of the award
dated 18.09.2021 at page '18' of the paper-book that apart
from 100% solatium and 12% additional interest nothing has
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C/SCA/176/2025 ORDER DATED: 09/01/2025
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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 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
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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
petitioners stand 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 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
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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, CJ )
(PRANAV TRIVEDI,J)
SAJ GEORGE
