IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11027 of 2025 ==========================================================

THAKOR JALAMSING JHUJHARSING & ORS.

Versus SPECIAL LAND ACQUISITION OFFICER & ORS.

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Appearance:

MR.DIPAK B PATEL(3744) for the Petitioner(s) No. 1,2,3,4,5,6 MS. HETAL PATEL, AGP PLEADER for the Respondent(s) No. 1 MR. ALKESH N SHAH(3749) for the Respondent(s) No. 2,3 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 09/03/2026

ORAL ORDER

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

1. Ms. Richa Shah, learned counsel holding a brief of Mr. Alkesh N. Shah, learned advocate appears for the respondent nos. 2 and 3.

2. The petitioners herein have approached this Court in the month of August, 2025 seeking for modification of the award dated 31.07.2024 on the ground that the statutory interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (“the Act, 2013”) has not been included therein. Upon intervention of this Court, an additional award dated 18.08.2025 has been passed for the award of interest under Section 80 of the Act, 2013, a copy whereof has been provided to the learned counsel for the petitioners.

3. The learned counsel for the petitioners would point out that the date uptill which the interest under Section 80 of the Act, 2013 has been awarded to the petitioners is the date of the original award dated 31.07.2024, whereas Section 80 interest has been awarded only after the intervention of this Court by way of an additional award made after one year of the original award. The contention is that the issue pertaining to shortfall in the matter of award of interest under Section 80 of the Act, 2013 has already been decided by this Court in the judgment and order dated 13.10.2025, passed in Special Civil Application No.4103 of 2025 which is holding the field as on date.

4. On a query made by the Court, Ms. Hetal Patel, learned Assistant Government Pleader appearing for the State – respondent would submit that in one of the matters, wherein directions were issued by this Court for award of shortfall, against the judgment and order dated 15.07.2025 passed in Special Civil Application No. 9510 of 2025, a Special Leave Petition (Civil) Dairy No. 67308 of 2025 has been filed, wherein notice has been issued after the condonation of delay in filing of the Special Leave Petition and the operation of the said judgment/order has been stayed vide order dated

06.01.2026 passed by the Hon’ble Apex Court.

5. However, there is no challenge to the judgment and order dated 13.10.2025 passed in Special Civil Application No.4103 of 2025 and allied matters on the issue of payment of shortfall in the matter of award of interest under Section

80 of the Act, 2013 decided by this Court.

6. By the aforesaid decision dated 13.10.2025, in a bunch of writ petitions, the petitioners have claimed for modification of the original award passed under Section 23 of the Act, 2013 on the ground that the statutory interest under Section 80 of the Act, 2013 has not been included in the said award. The question arose as to the shortfall in the award of the interest made by way of an additional award, under Section 80 of the Act, 2013.

7. Taking note of the rival contentions of the parties, this Court has decided the matters with the following observations at paragraph nos. ‘61’ to ‘66’, as under:-

“61. With the above, we reach at an irresistible conclusion that the statutory interest under Section 80 has been incorporated by the legislature with the object and idea to give solace to the landowners by compensating them for the delay in payment of compensation, i.e. to compensate them for the loss caused due to deprivation of their source of livelihood without payment o