IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14030 of 2025 ==========================================================

CHAUHAN NARESHKUMAR NARPATSINGH Versus PRANT OFFICER, DABHOI & ORS.

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Appearance:

MR. MAULIK NANAVATI, ADVOCATE WITH MS. MANVI DAMPLE, ADVOCATE FOR NANAVATI & CO.(7105) for the Petitioner(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 09/10/2025

ORAL ORDER

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

1. The petitioner herein raises the disputes with regard to non inclusion of the benefits of the Railways Act, 1989 in the award declared on 21.07.2025 in an acquisition for a Special Railway Project i.e. “Gauge Conversion of Dabhoi Samalaya (46-45 Km.) including Samalaya Railway fly over bridge (8.40 Km) and Lotana bye pass line (7.55 Km.)”

2. The attention of the Court is invited to the Notification dated 28.02.2023 published under Section 2(37A) of the Railways (Amendment) Act, 2008 to submit that the project in question has been notified by the Central Government as a Special Railway Project for acquisition of the land in the State of Gujarat, for providing necessary infrastructure for a public purpose. It is submitted that in furtherance thereto, the acquisition notifications dated 20.11.2024 and 20.03.2025 were published under Section 20A(1) and 20E(1) of the Railways Act, 1989; respectively. The award has been declared on 21.07.2025 by applying the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act, 2013”).

3. However, the benefits as admissible under Section 20F(9) with regard to Additional Compensation/Solatium of 60% on the market value in consideration of the compulsory nature of acquisition, has not been awarded. It is further submitted by learned Counsel for the petitioner that there is no mention in the award about any rehabilitation or resetttlement award prepared in accordance with the National Rehabilitation and Resettlement Policy, 2007, in the line of the provisions of Section 20-O of the Act, 1989.

4. Further submission is that the additional compensation of 12% is paid on the market value for the period commencing from the date of the publication of the preliminary notification till the date of the award or the date of taking possession of the land in question. The land in question being in rural area, multiplication Factor 2 as per Section 26(2) of the Act, 2013 has been applied.

5. However, the determination of the amount of 12% additional compensation on the market value within the scheme of Sub-section (3) of Section 30 of the Act, 2013 is on the basic market value, as determined under Sub-section (1) of section 26 of the Act, 2013. The submissions is that the 12% additional compensation is required to be determined on the total amount of the market value computed by the Special Land Acquisition Officer, after application of the multiplication of Factor 2 within the scheme of Section 26 read with Section 30(2) of the Act, 2013. It is submitted that in view of the definition of “market value” under Section 3(u), the “market value” as and when occured in the entire scheme of the provisions of the Act, 2013 has to mean and understood as the “market value” determined in accordance with Section 26 which includes both Sub-section (1) and (2) of the said section.

6. The matter requires consideration. Notice of the present petition on behalf of respondent No.3 has been received by Mr.Pradip D. Bhate, learned advocate. The Notice on behalf of the respondent No. 2 shall be served in the office of the learned Additional Solicitor General of India. The Notice on behalf of the respondent No.1 has been received in the office of the Governm