ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS.

JUSTICE SUNITA AGARWAL)

1. The petitioners herein are aggrieved by non-award of benefit of Section 30 sub-section (3) of the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the Act’ 2013”), on the market value computed by application of the multiplication factor 2, which was granted vide award dated 28.09.2020.

2. It is pointed out by Mr. Maulik G. Nanavati, learned advocate for NHAI that apart from petitioners Nos.1, 4, 5, 6, and 7, there are co-owners of the land in question, who are not impleaded herein and petitioner Nos.2, 3 and 8 are the sole owner of the different piece of land.

3. The contention is that the award dated 28.09.2020 with respect to the lands in question though determined market value by application of multiplication market value under Section 26(2) of the Act’ 2013 and other statutory benefits, but while granting benefits of additional compensation @12% under Section 30(3) of the Act’ 2013, the market value computed under Section 26(1) has only been taken into consideration, terming the same as the base market value.

4. The issue pertai