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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, PRANAV TRIVEDI
Goval @ Tadvi Govindbhai Bhayjibhai – Appellant
Versus
Special Land Acquisition Officer And Deputy Collector – Respondent
JUDGMENT :
SUNITA AGARWAL, J.
1. In compliance of the order dated 02.12.2024 passed by us in Special Civil Application No.16200 of 2024, a copy of the Government Resolution dated 02.01.2025 issued from the Revenue Department, Secretariat, Government of Gujarat, Gandhinagar in the matter of grant of statutory interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “the Act’ 2013”) has been placed before us by Ms. Hetal Patel, learned Assistant Government Pleader appearing for the State Respondents.
2. All the writ petitions herein raise a common issue with regard to denial of statutory interest under Section 80 of the Act’ 2013. While making the awards passed after enforcement of the Act’ 2013 with effect from 01.01.2014. All the writ petitions listed on the board today have, thus, being connected herewith and have been heard together and are being decided by this common judgment with the consent of the learned counsels for the parties on a perusal of the Government Resolution No. RD/LAQ/e-file/15/2024/5286/GH dated 02.01.2025 placed before us today.
3. The common issues raised in this se
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....
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.
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.
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....
Land Acquisition Act does not provide for payment of any rental compensation and liability for rental compensation created by State Government by resolution could not be said to have its source under....
Entitlement to additional compensation under Section 30(3) of the Act, 2013 must include multiplication factor in determining market value.
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
The RFCTLARR Act, 2013 does not retroactively apply to compensation awards made prior to its enactment, but interest is due for delayed disbursement of compensation.
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