Point of Law: whenever a new benefit is granted and/or new scheme is introduced, it might be possible for the State to provide a cutoff date taking into consideration its financial resources. But the same shall not be applicable with respect to one and single class of persons, the benefit to be given to the one class of persons, who are already otherwise getting the benefits and the question is with respect to revision."

ORDER :

Biren Vaishnav, J.

1. In all these petitions filed under Article 226 of the Constitution of India, a common issue is raised regarding the legality and validity of the Government Resolutions dated 10.11.2016 and 11.09.2018 issued by the Revenue Department, Government of Gujarat. These resolutions have been issued in context of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act 2013' for short).

2. In all these petitions except Special Civil Application No. 11238 of 2019, the lands in question are agricultural lands within the ceiling limits of village: Lavarpur, Firozpur, and Prantiya of Gandhinagar District. In Special Civil Application No. 11238 of 2019, the lands in question are situated at Village: Koteshwar, District: Gandhinagar.

3. Since the prayers are common, prayers of Special Civil Application No. 8734 of 2019 are reproduced, which read as under:

"8. The petitioners therefore most respectfully pray that:

(A) Your Lordship may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction and thereby be pleased to quash and set aside the impugned resolutions dated 10.11.2016 and 11.09.2018 (to the extent it is made prospective) issued by Government of Gujarat, Revenue Department bearing No. LAQ-22-2014/179/GH.

(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction and thereby be pleased to direct the respondent number 2 to amend/modify/revise the award dated 29.02.2016 bearing no. LAQ/N.H-8/Case No. 4(17) Lavarpur/2015 and award dated 29.02.2016 bearing No. LAQ/N.H-8/Case No. 21, 78/(22)(54) Lavarpur/2016, and recompute the compensation qua the land of the petitioner by multiplying the market value as determined under Section 26(1) of LARR, 2013 Act with a factor of 2 (two) as per Section 26(2) and applying all other statutory benefits as provided under the LARR Act 2013 including solatium under Section 30(1), interest under Section 30(3) and be further pleased to direct the respondents to pay the compensation so determined, with interest from 29.02.2016 @ 9% for the first year and 15% per annum for subsequent years till the date of realization; within six weeks of the judgment."

4. It shall be relevant to state the facts in brief which have led to filing these petitions. For the sake of convenience, facts of Special Civil Application No. 8734 of 2019 shall be considered and the same are discussed hereinbelow.

4.1. The petitioners are owners of agricultural lands at Village: Lavarpur. According to the petitioners, such lands do not fall under any transitional area, smaller urban area, or larger urban area as defined and specified under Article 243Q(2) of the Constitution of India.

4.2. In exercise of powers under Section 3A of the National Highways Act, 1956, the land of the petitioners was notified for acquisition for the public purpose of broadening the national highway no. 8. Notification under Section 3D was issued on 21.09.2011. Subsequently for further broadening of the highway, notification under Section 3A was published on 20.09.2012 and under Section 3D on 20.09.2012 and 11.10.2013.

4.3. It is an undisputed position that for the purposes of computing compensation, the provisions of the Act of 2013 are applicable. It is the case of the petitioners that for computing "market value" provisions of Section 26(1) and for the purposes of determination of factor, provisions of Section 26(2) read with First Schedule are applicable.

4.4. The Government of Gujarat by a resolution dated 25.04.2014 directed all Land Acquisition Officers that pending determination of "Factor" all awards should be passed by applying Factor "1" and after such Factor for rural area is decided, the acquiring body will pay additional compensation with interest.

Looking to this resolution, in the separate awards passed in