Case Note & Summary
The petitioners, whose land was acquired under the National Highways Act, 1956, filed a writ petition seeking additional compensation under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the 2013 Act). The award had applied multiplication factor-2 under Section 26 of the 2013 Act but did not grant the additional compensation of 12% per annum on the market value from the date of preliminary notification under Section 3A of the National Highways Act until the date of award or possession. The petitioners also sought interest under Section 80 of the 2013 Act on the unpaid amount. The court, after hearing the parties, held that the petitioners are entitled to additional compensation under Section 30(3) on the total market value including the multiplication factor, and interest under Section 80 on the unpaid amount. The court directed the respondent authorities to pay the additional compensation and interest within eight weeks from the date of the judgment.
Headnote
A) Land Acquisition - Additional Compensation - Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Entitlement to additional compensation at 12% per annum on market value including multiplication factor - Petitioners' land acquired under National Highways Act, 1956; award granted multiplication factor but not additional compensation under Section 30(3) - Court held that additional compensation is payable on the total market value including multiplication factor from the date of preliminary notification under Section 3A of the National Highways Act till the date of award or possession, whichever is earlier (Paras 2-5). B) Land Acquisition - Interest - Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Interest on unpaid compensation - Petitioners sought interest on the unpaid additional compensation - Court held that interest under Section 80 is payable on the unpaid amount from the date of award till payment (Para 5). C) Land Acquisition - Writ of Mandamus - Entitlement to statutory benefits - Petitioners sought writ directing respondent authorities to grant benefits of Schedule II and additional compensation - Court allowed the petition and directed respondents to pay additional compensation under Section 30(3) and interest under Section 80 within eight weeks (Paras 5-6).
Issue of Consideration
Whether the petitioners are entitled to additional compensation under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the market value including multiplication factor, and interest under Section 80 of the said Act.
Final Decision
The court allowed the petition and directed the respondent authorities to pay additional compensation under Section 30(3) of the 2013 Act on the market value including multiplication factor, and interest under Section 80 of the 2013 Act on the unpaid amount, within eight weeks from the date of the judgment.
Law Points
- Additional compensation under Section 30(3) of the 2013 Act is payable on the market value including multiplication factor
- Interest under Section 80 of the 2013 Act is payable on unpaid compensation
- Writ of mandamus can be issued for statutory benefits
