IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1756 of 2024 =============================================

PATEL RAJESHBHAI CHATURBHAI & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR N V RAVAL(11267) for the Petitioner(s) No.

1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,3,4,5,6,7,8,9 MR VIJAY N RAVAL(2025) for the Petitioner(s) No.

1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,3,4,5,6,7,8,9 MS HETAL PATEL, AGP for the Respondent(s) No. 1 MR UM SHASTRI(830) for the Respondent(s) No. 5 =============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 10/03/2026

ORAL ORDER

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

1. On the last occasion, i.e. on 26.02.2026, it was pointed out by the learned counsel for the petitioners that though the award dated 05.02.2026 has been passed for determination of compensation for the land in question, which had been utilized by the District Panchayat for construction of road in the year 2012, but the statutory interest under Section 80 of the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the Act’ 2013”) has not been awarded therein.

2. We have, therefore, issued a show-cause notice to the State respondents to answer the same. On 09.03.2026, a copy of the additional award dated 02.03.2026 for award of Section 80 interest has been placed before us along with the written instructions supplied by the Special Land Acquisition Officer concerned to submit by Ms.Hetal Patel, the learned Assistant Government Pleader for the State respondents that the statutory interest has been awarded taking into consideration the date of taking possession of the land in question as on 21.06.2011, strictly in accordance with the said provisions of the Act’ 2013.

A copy of the said award has been served upon Mr.Vijay

3.

N. Raval, the learned advocate for the petitioners, who did not raise any objection to the same. We, therefore, noted in the oral order dictated in the open Court on 09.03.2026 that with the passing of the award dated 05.02.2026 and the additional award dated 02.03.2026 under the Act’ 2013, we find that the grievances raised by the petitioners in the present petition have been met to their logical ends.

4. However, after the said order was dictated on 09.03.2026, during the first half, an oral mention was made by the learned advocate Mr.Vijay N. Raval at about 5.00 P.M. at the time of rising of the Court, that the additional award dated 02.03.2026 whereunder computation of Section 80 interest has been made also suffers from an error of law, inasmuch as, Section 80 interest has been calculated only on the market value and not on the entire compensation amount.

5. Consequently, on the request made by the learned counsel for the petitioner, the matter was posted today, i.e. 10.03.2026 for further hearing. When the matter was taken up today, a copy of the corrected award dated 09.03.2026 passed by the competent authority, has been placed before us under the written instructions submitted by the Special Land Acquisition Officer, Panchmahal, Godhra, a copy whereof has also been supplied to Mr.Vijay N. Raval, learned advocate for the petitioners.

6. It is submitted by Ms. Hetal Patel, learned Assistant Government Pleader appearing for the State respondents that the mistake occurred in making the calculation of Section 80 interest in the additional award dated 02.03.2026 has now been corrected and a modified award dated 09.03.2026 has been passed, calculating Section 80 interest on the entire compensation amount as per the Scheme of the Act’ 2013.

7. To this submission, Mr. Vijay N. Raval, learned advocate did not raise any objection.

8. As the mistake has now been corrected, we find it fit and proper to dispose of the present petition with the liberty to the petit