Gujarat High Court
Gajjar (Suthar) Yogeshbhai ... vs State Of Gujarat on 10 January, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/345/2025 ORDER DATED: 10/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 345 of 2025
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GAJJAR (SUTHAR) YOGESHBHAI JAGJIVANBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR RAKESH R PATEL(3239) for the Petitioner(s) No. 1
MS HETAL PATEL ASSISTANT GOVERNMENT PLEADER 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 : 10/01/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
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 06.09.2021. It is demonstrated
from the copy of the award dated 06.09.2021 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.
2. The question of grant of statutory interest under Section 80 of
the Act has been determined by this Court in a writ petition, namely
NEUTRAL CITATION
C/SCA/345/2025 ORDER DATED: 10/01/2025
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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 been 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.
3. 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
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.
4. Taking note of the above, once we find that the present
NEUTRAL CITATION
C/SCA/345/2025 ORDER DATED: 10/01/2025
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petitioner stands on the same footing, 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.
5. 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 petitioner/land owner 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 petitioner/land owner before him.
6. With the above observations and directions, present petition
stands disposed of.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
phalguni
