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HIGH COURT OF GUJARAT
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE PRANAV TRIVEDI, J
KALUBHAI JETHABHAI PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER
SUNITA AGARWAL, C.J.
1. The original writ petition has been filed challenging the inaction on the part of the respondent acquiring body as well as the Deputy Collector and Special Land Acquisition Officer, Narmada of non-payment of statutory interest (9 % and 15 %) under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “the Act’ 2013).
2. Placing the award dated 02.07.2022 appended with the writ petition, it is demonstrated by the learned counsel for the petitioners that only 9% interest as rent from the date of dispossession till the date of making of the award i.e. 02.07.2022 awarded to the petitioner taking aid of the Government Resolution dated 18.09.1989.
3. The Civil Application No. 01 of 2025 has been filed with the prayer calculating the interest as per the Circular dated 02.01.2025 issued by the Deputy Secretary, Revenue Department, State of Gujarat. It is contended in the civil application that even the rent of 9% computed under the award dated 02.07.2022 was paid with the delay of more than one year, inasmuch as, payments were made to the petitioner on 05.06.2023 upon filing of th
Statutory interest under Section 80 of the Act must be recomputed at 9% for the first year and 15% thereafter, ensuring timely payment to landholders.
The court affirmed that under Section 80 of the Act' 2013, landholders are entitled to statutory interest of 9% for the first year and 15% thereafter until compensation is paid, superseding any contr....
Delay by landholders in seeking redetermination does not negate their right to statutory interest under the Land Acquisition Act when statutory adjustments have been mandated by the court.
The court established that under the 2013 Act, the Collector must deposit compensation with the appropriate authority in case of disputes regarding entitlement, and failure to do so results in the ob....
Additional compensation under Section 30(3) of the 2013 Act includes the total market value calculated with a multiplication factor, reflecting the intent to compensate for fluctuations in land price....
Entitlement to additional compensation under Section 30(3) of the Act, 2013 must include multiplication factor in determining market value.
Point of Law : Section 28 empowers the courts, if it was enhancing the compensation awarded by the Collector, to award interest on the sum in excess of what the Collector had awarded as compensation.
Point of Law : Land Acquisition - only a Writ Petition under Article 226 of the Constitution alone will lie in case the claimant is not awarded statutory interest while re-determination of the compen....
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