Gujarat High Court
Aayar Khemabhai Govabhai vs The State Of Gujarat on 29 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/10267/2025 ORDER DATED: 29/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10267 of 2025
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AAYAR KHEMABHAI GOVABHAI & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR AV PRAJAPATI(672) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,3,4,5,6,7,8,9
MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,3,4,5
MR. ALKESH N SHAH(3749) for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 29/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The issues raised in the present petition are same as
have already been adjudicated in a writ petition namely
Special Civil Application No.12249 of 2024.
2. The petitioners who are claiming non-payment of
statutory interest under Section 80 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 have kept silent for
a period of 10 years and have filed the present petition after
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C/SCA/10267/2025 ORDER DATED: 29/07/2025
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the notification dated 02.01.2025 has been issued on the
cognizance is taken by this Court in a matter about denial of
the statutory interest. The issues raised in the present petition
were directly and substantially in issue in the Special Civil
Application No.12249 of 2024, which has been rejected on the
ground that the petitioners have failed to explain the latches
of more than 09 years. Here also there is no explanation in the
present petition about the latches on the part of the
petitioners who had acquiesced with the interest of 9%
granted to them in the award which was passed on
14.09.2015. The Special Civil Application No.12249 of 2024
has been dismissed by the judgment and order dated
22.08.2024 in the following manner.
"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
31.12.2015 in Land Acquisition Case No.341 of 2013 as
also on the amended Award dated 23.10.2018.
2. We may note that the petitioners have not raised any
dispute with regard to non-inclusion of statutory interest
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in the Award which was passed on 31.12.2015. Even this
issue was not raised at the time when claim for multiplier
of Factor 2 was raised and amended Award was passed on
23.10.2018. 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 31.12.2015, 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
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determined under the Award dated 31.12.2015. The dead
claim sought to be revived on the basis of the order dated
08.07.2024 would cause burden on the State exchequer,
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 31.12.2015, 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 latches 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."
3. We do not find any reason to take a different view in the
present matter on the submissions made by the learned
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counsel for the petitioners based on the judgment of the Apex
Court in the case of Bernard Francis Joseph Vaz & Others Vs.
Government of Karnataka & Others; 2025 Law Suit (SC) 1,
which has been rendered in the facts and circumstances of
the said case. The petitioners being fence sitters cannot be
permitted to seek interest after 15 years.
4. The present petition stands dismissed, accordingly.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
A. B. VAGHELA
