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2024 Supreme(Online)(GUJ) 13272

HIGH COURT OF GUJARAT
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL, HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
JAYANTILAL KANJIBHAI HARSORA – Appellant
Versus
COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA AND SPECIAL LAND ACQUISITION OFFICER,SURAT – Respondent


ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The petitioner herein seeks re-determination of compensation on the premise that they are entitled for compensation on the premise that they are entitled for compensation treating the area in question as “Rural Area” as defined in the Gujarat Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The assertion in the writ petition is that the term “Rural Area” has been defined in the Rules, 2017 to mean any area except the area covered by any urban local bodies and cantonment board or “ Developed Area” declared by the Government. The contention is that the determination with regard to the area in question being the rural area has not been made at the time of determination of compensation. The contention is thus that the award dated 10.03.2017 for construction of six lanes of National Highway No.8 Compensation is to be modified by re-computation of the compensation qua the land of the writ petitioner by multiplying the market value as determined under Section 26(1) of the LARR,2013 Act with a Factor 2 and applying all other statutory benefits as per the

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