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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
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 pertinent to note that the petitioner herein is the beneficiary of the lands acquired under the Act’2013, with respect to which, the award under the Act’2013 for determination of compensation was passed on 18.08.2017. The sole ground of challenging the communication sent by the Deputy Collector namely the competent authority in the matter of redetermination of compensation by applyin
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 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....
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.
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.
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.
The court established that compensation for land acquisition must be based on market value evidenced by comparable sales, and interest must be calculated per statutory provisions.
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