ORAL ORDER

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

Mr. Maulik G. Nanavati, learned advocate has put in appearance on behalf of the respondent - National Highways Authority of India.

2. The petitioner herein seek to re-compute the compensation qua the lands of the petitioner by applying Factor-2 as per Section 26(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 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.6406 of

2023, in the following manner :-

“1. The petitioners herein seek re-determination of 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