ORAL ORDER

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

1. At the outset, Mr. D.K. Puj, learned advocate for the petitioner would submit that the petitioner has instructed him not to press the claim made in the prayer clause of the writ petition to re-calculate the additional compensation at the rate of 12% per annum, as per Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act, 2013), by recomputing the market value with the application of Factor-’2’.

2. The submission is that the prayer made in the writ petition to this extent is withdrawn with the instruction of the petitioner. Now the only question remains is appropriate recalculation of compensation by applying Factor-’2’ (as per Section 26(2) of the Act, 2013) including the award of solatium under Section 30(1) and other benefits under the Act, 2013, if admissible, excluding the additional compensation as per Section 30(3) of the Act, 2013.

3. The similar dispute has been decided by us vide order dated 20.09.2023 passed in Daud Musa Isap @ Daud Musa Sheth vs. Competent Authority, being Special Civil Application No.640