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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ, D.N.RAY
Hirabhai @ Hiralal Chotubhai Patel – Appellant
Versus
Competent Authority And Special Land Acquisition Officer – Respondent
JUDGMENT :
SUNITA AGARWAL, CJ.
Heard Mr. A.J.Yagnik, the learned advocate for the petitioners, Mr. Sanjay UDhwani, 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 D. 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, 1956, till the date of the award or the date of taking possession of the land, whichever is earlier, as per the scheme of the said provision.
3. The petitioners would submit that though while making determination of the market value in accordance with Section 26 of the 2013 Act, multiplication Factor-2 was applied with respect to the land-in-question under the award, however, the benefits of the additional compensation as
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....
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....
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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