Case Note & Summary
The petitioners, Bhupendrasinh Jaswantsinh Solanki and others, filed a writ petition under Article 226 of the Constitution before the Gujarat High Court seeking benefits of 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) for land acquired under the National Highways Act, 1956. The land was acquired for a highway project, and the Competent Authority and Special Land Acquisition Officer had determined the market value applying multiplication factor-2 under Section 26 of the 2013 Act but did not award the additional compensation of 12% on the total market value including the multiplication factor. The petitioners also claimed interest under Section 80 of the 2013 Act on the unpaid amount and sought benefits of Schedule II (rehabilitation and resettlement) and Schedule III (infrastructural amenities) as per government guidelines. The court, after hearing the parties, held that Section 30(3) mandates additional compensation at 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, whichever is earlier, and this additional compensation is payable on the total market value including the multiplication factor. The court further held that interest under Section 80 is payable on any unpaid amount from the date of award until payment. Regarding rehabilitation and resettlement benefits, the court directed the respondents to consider the petitioners' claim for Schedule II and III benefits in accordance with the guidelines issued by the Ministry of Road Transport and Highways. The court allowed the petition in part, directing the respondents to compute and pay the additional compensation under Section 30(3) on the total market value including multiplication factor, along with interest under Section 80, and to consider the claim for Schedule II and III benefits within a specified period.
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 @ 12% on the market value including multiplication factor-2 for the period from preliminary notification under Section 3A of the National Highways Act, 1956 till the date of award or possession, whichever earlier - The court held that the additional compensation under Section 30(3) is payable on the total market value including the multiplication factor, as the provision does not exclude any component of the market value (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 - The petitioners claimed interest on the unpaid amount of additional compensation - The court held that interest under Section 80 is payable on any unpaid amount from the date of award until payment (Para 6). 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 of Schedule II (rehabilitation and resettlement) and Schedule III (infrastructural amenities) - The court held that these benefits are applicable to acquisitions under the National Highways Act, 1956, as per the directives of the Ministry of Road Transport and Highways (Paras 7-8).
Issue of Consideration
Whether the petitioners are entitled to additional compensation @ 12% 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-2, and whether they are entitled to interest under Section 80 of the 2013 Act and benefits of Schedule II and III of the 2013 Act for land acquired under the National Highways Act, 1956
Final Decision
The court allowed the petition in part, directing the respondents to compute and pay additional compensation under Section 30(3) on the total market value including multiplication factor-2, along with interest under Section 80 from the date of award until payment. The respondents were also directed to consider the petitioners' claim for benefits under Schedule II and III in accordance with the guidelines issued by the Ministry of Road Transport and Highways.
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 of Schedule II and III of the 2013 Act are applicable to acquisitions under the National Highways Act
- 1956
