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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ., D.N.RAY
Kikubhai Jairambhai Patel – Appellant
Versus
Competent Authority And Special Land Acquisition Officer – Respondent
| Table of Content |
|---|
| 1. seeking statutory compensation under 2013 act (Para 1 , 2 , 3 , 4) |
| 2. arguments concerning statutory responsibilities and delays (Para 5 , 18 , 19) |
| 3. court’s analysis on compensation and interest (Para 6 , 7 , 10 , 12 , 13 , 15 , 16 , 17) |
| 4. determining entitlement to additional compensation (Para 8 , 9 , 11 , 14) |
| 5. final decision on the writ petition (Para 20) |
JUDGMENT :
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Heard Mr. A.J.Yagnik, the learned advocate for the petitioners, Ms. Hetal Patel, the learned AGP appearing for the State respondent No.1, Mr. Maulik G. Nanavati, the learned advocate for the respondent No.2 and Mr. Pradip Bhate, the learned advocate for the respondent No.3.
2. In the present writ petition, the petitioners are seeking for the benefits of statutory benefits of additional compensation @ 12% on the market value of the land provided under Section 30(3) of the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013 (in short as ‘the 2013 Act’) for the period commending from the date of the preliminary notification published under Section 3A of the National Highways Act, 19
Landowners are entitled to additional compensation @ 12% on market value including the multiplication factor under Sections 26 and 30(3) of the Land Acquisition Act, reaffirming the need for statutor....
Section 30(3) entitles landowners to additional compensation @ 12% on market value, calculated with any applicable multiplication factors, as determined under the Right to Fair Compensation and Trans....
The additional compensation under Section 30(3) must be computed on the total market value including any multiplication factor as per the Right to Fair Compensation Act.
The court ruled that additional compensation under Section 30(3) must be calculated on the total market value, including multiplication factors, and interest under Section 80 applies to unpaid amount....
Entitlement to additional compensation under Section 30(3) of the Act, 2013 must include multiplication factor in determining market value.
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....
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