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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Hindustan Petroleum Corpration Limited – Appellant
Versus
Deputy Collector And Sub Divisional Magistrate, Savli – Respondent
| Table of Content |
|---|
| 1. compensation determination under act 2013 (Para 2 , 3 , 5) |
| 2. delay in approaching for redetermination impacts interest entitlement (Para 4 , 8 , 10) |
| 3. competent authority to assess land classification for compensation (Para 11 , 12 , 18) |
| 4. additional interest is due after necessary award adjustment (Para 16 , 19) |
| 5. petition dismissed as misconceived (Para 23 , 24) |
ORDER :
THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL
1. Heard Mr. Manish Bhatt, learned Senior Advocate with Mr. Munjaal M. Bhatt appearing for the petitioner and perused the record.
2. The present petition has been filed by the Hindustan Petroleum Corporation Limited (in short as the “Corporation”) seeking for quashing and setting aside the communication dated 09.04.2025 issued by the respondent namely the Deputy Collector and Sub-Divisional Magistrate, Savli, asking the petitioner to deposit the interest amounting to Rs. 49,47,19,349/-, under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( in short the Act’2013), as per the draft award approved by the State Government on 08.04.2025.
3. Before proceeding with the matter, it is p
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.
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