IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3256 of 2026 ==========================================================

MAGANBHAI BHANGIYABHAI PATEL Versus COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER &

ORS.

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Appearance:

MR AJ YAGNIK(1372) for the Petitioner(s) No. 1 MR TUSHAR L CHAUHAN(12449) for the Petitioner(s) No. 1 MR. SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1 MR ANKIT SHAH for the Respondent(s) No. 3 MR. MAULIK G. NANAVATI FOR NANAVATI & CO.(7105) for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 12/03/2026

ORAL ORDER

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

Heard Mr. A.J.Yagnik, the learned advocate for the petitioners Mr. Sanjay Udhwani, the learned AGP appearing for the State respondent No.1, Mr. Maulik G. Nanavati, the learned advocate for the respondent No.2 and Mr. Ankit Shah, the learned advocate for the respondent No.3.

2. In the present petition, the petitioner is seeking for the benefits of statutory benefits of additional compensation @ 12% on the market value of the land provided under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short as ‘the 2013 Act’) for the period commenssing from the date of the preliminary notification published under Section 3A of the National Highways Act, 1956, till the date of the award or the date of taking possession of the land, whichever is earlier, as per the scheme of the said provision.

3. The petitioner would submit that though while making determination of the market value in accordance with Section 26 of the 2013 Act, multiplication Factor-2 was applied with respect to the land-in-question under the award, however, the benefits of the additional compensation as payable under Section 30(3) of the Act, 2013 on the total amount of the market value (including multiplication Factor-2) has not been awarded to the petitioner. The further prayer made in the writ petition is to award interest under Section 80 of the Act, 2013 on the unpaid amount, which was required to be included in the impugned award.

4. The petitioner would also pray for issuance of writ of mandamus directing the respondent authorities to grant the benefit of Schedule-II with regard to re-habilitation and re-settlement under the 2013 Act in light of the directives and guidelines issued by the Government of India, Ministry of Road Transport and Highways, appended as Annexure-’A’ to the writ petitions. The further prayer is to extend the benefits of Schedule-III with regard to infrastructural amenities, based on the notification dated 28.08.2015 issued by the Government of India, whereby the First, Second and Third Schedule of the 2013 Act have been made applicable with respect to the acquisition made under the enactments enumerated in the Fourth Schedule of the 2013, Act.

5. It is contended by Mr. A.J.Yagnik, the learned counsel for the petitioner that the National Highways Act, 1956 is one of the enactments enumerated in the Fourth Schedule to the 2013 Act. The result is that by virtue of the notification dated 28.08.2015 issued by the Central Government of India, which was given due attention by the Apex Court in the case of Union of India and Another v/s. Tarsem Singh and Others [(2019) 9 SCC 304] and received approval in the case of NHAI v/s. P. Nagaraju [(2022) 15 SCC 1], the petitioner is entitled for all the statutory benefits of 2013 Act including the additional compensation payable under Section 30(3) of the Act, 2013.

6. Taking note of all these submissions made by the learned counsel appearing for the petitioner, at the outset, we may say that the award in the present writ petition has been rendered on 23.07.2021. The petitioner herein ha