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). They contended that although the award applied multiplication factor-2 to determine market value under Section 26 of the 2013 Act, the additional compensation at 12% per annum on the total market value (including the multiplication factor) was not awarded. They also sought interest under Section 80 of the 2013 Act on the unpaid amount and benefits under Schedule II (rehabilitation and resettlement) and Schedule III (infrastructural amenities) of the 2013 Act. The court, after hearing the parties, allowed the petition. It held that additional compensation under Section 30(3) is payable on the total market value including the multiplication factor, as the provision intends to compensate for the delay between notification and award. The court directed the respondents to calculate and pay the additional compensation accordingly. It also directed payment of interest under Section 80 on the unpaid amount from the date of award till actual payment. Regarding rehabilitation and resettlement benefits, the court observed that the guidelines issued by the Ministry of Road Transport and Highways (Annexure-A) extend Schedule II and III benefits to acquisitions under the National Highways Act, and directed the respondents to consider granting these benefits to the petitioners. The petition was disposed of with these directions.
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 - The petitioners sought additional compensation at 12% per annum on the market value including multiplication factor from the date of preliminary notification under Section 3A of the National Highways Act, 1956 till the date of award or possession. The court held that the benefit of additional compensation under Section 30(3) is payable on the total amount of market value including the multiplication factor, as per the scheme of the Act. (Paras 2-3) B) Land Acquisition - Interest - Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The petitioners prayed for interest on the unpaid amount of additional compensation. The court directed that interest under Section 80 be paid on the unpaid amount from the date of award till actual payment. (Para 4) C) Land Acquisition - Rehabilitation and Resettlement - Schedule II and III of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The petitioners sought benefits under Schedule II (rehabilitation and resettlement) and Schedule III (infrastructural amenities) as per government guidelines. The court held that these benefits are applicable to acquisitions under the National Highways Act, 1956, and directed the respondents to consider granting them. (Para 4)
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 whether they are entitled to interest under Section 80 of the said Act, and benefits under Schedule II and III of the said Act for land acquired under the National Highways Act, 1956.
Final Decision
The court allowed the petition and directed the respondents to calculate and pay additional compensation under Section 30(3) of the 2013 Act on the total market value including multiplication factor, pay interest under Section 80 on the unpaid amount from the date of award till actual payment, and consider granting benefits under Schedule II and III of the 2013 Act as per the guidelines.
Law Points
- Additional compensation under Section 30(3) of the 2013 Act is payable on the total market value including multiplication factor
- Interest under Section 80 of the 2013 Act is payable on unpaid amounts
- Benefits under Schedule II and III of the 2013 Act are applicable to acquisitions under the National Highways Act
- 1956
