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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, C.J., D.N.RAY
Sureshbhai Ravajibhai Ahir – Appellant
Versus
Competent Authority, National Highway Authority Of India And Deputy Collector, Navsari (Expressway) – Respondent
| Table of Content |
|---|
| 1. petitioners claim additional compensation. (Para 1 , 2) |
| 2. court references prior cases for precedent. (Para 3 , 4) |
| 3. petitioners demand statutory benefits under various sections. (Para 5 , 6) |
| 4. interplay of various sections in determining compensation. (Para 8) |
JUDGMENT :
SUNITA AGARWAL, C.J.
1. The petitioners herein are aggrieved by non-award of benefit of Section 30 sub-section (3) of the the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013 (for short, the Act’ 2013”), on the market value computed by application of the multiplication factor 2, which was granted vide award dated 19.03.2020 / 05.08.2020.
2. The contention is that the award dated 19.03.2020 / 05.08.2020 with respect to the lands in question though determined market value by application of multiplication market value under Section 26(2) of the Act’ 2013 and other statutory benefits, but while granting benefits of additional compensation @12% under Section 30(3) of the Act’ 2013, the market value computed under Section 26(1) has only been taken into consideration, terming the same as the base market value.
3. The issue pertaining to the grant o
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.
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....
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.
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....
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