Gujarat High Court
Shri Ranchhodlalaji Mandir vs State Of Gujarat on 23 January, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/746/2025 ORDER DATED: 23/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 746 of 2025
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SHRI RANCHHODLALAJI MANDIR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR RAKESH R PATEL(3239) for the Petitioner(s) No. 1
MS. HETAL PATEL, ASSISTNAT 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 : 23/01/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
Heard Mr. Rakesh Patel learned counsel for the petitioner.
[2] In the present petition, only objection has been raised by Ms.
Hetal Patel, learned Assistant Government Pleader appearing for the
State respondent that the award is dated 03.02.2021 and there is a
delay on the part of the petitioner to approach this Court. The
present petition seeking for award of 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") after 4 years cannot be entertained. Dealing with
this submission, we may note that the petitioner herein seeks to
submit that he was approaching the competent authority and all
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C/SCA/746/2025 ORDER DATED: 23/01/2025
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efforts made by the petitioner to seek re-computation / modification
of the award had fallen on deaf ears. Moreover, similar petitions
have been disposed of by us with the directions to grant statutory
interest under Section 80 of the Act, 2013. We may further clarify
that in those matters where awards have been passed prior to 2020,
one of such being Special Civil Application No.12249 of 2024, we
have rejected the request while dismissing the writ petition because
of the inordinate laches on the part of the petitioner.
[3] The objections raised by Ms. Hetal Patel, learned Assistant
Government Pleader pertaining to the laches on the part of the
petitioner, therefore, stands rejected.
[4] The issue raised in the present petition is with regard to non-
grant of statutory interest under Section 80 of the Act, 2013" while
making the award dated 03.02.2021. It is demonstrated from the
copy of the award dated 03.02.2021 at page '13' 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.
[5] 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
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C/SCA/746/2025 ORDER DATED: 23/01/2025
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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.
[6] 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.
[7] 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 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.
[8] The competent authority is further directed to make the re-
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C/SCA/746/2025 ORDER DATED: 23/01/2025
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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.
[9] With the above observations and directions, present petition
stands disposed of.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
C.M. JOSHI
