Case Note & Summary
The petitioners, landowners whose lands were acquired for a national highway project, challenged the non-award of additional compensation under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the Act). The competent authority had determined the market value under Section 26(2) by applying a multiplication factor of 2, but while granting additional compensation @12% under Section 30(3), it only considered the base market value under Section 26(1), not the multiplied value. The petitioners sought that the additional compensation be calculated on the market value as enhanced by the multiplication factor. The High Court, relying on its earlier decision in Special Civil Application No.7561 of 2023 and other cognate matters decided on 23.12.2025, and a subsequent order dated 26.02.2026 in Special Civil Application No.2324 of 2026, held that the market value for the purpose of Section 30(3) includes the value determined under Section 26(2) with the multiplication factor. The Court allowed the petition and directed the respondents to pay additional compensation on the market value computed with multiplication factor 2, along with interest and costs.
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 - Calculation on Multiplied Market Value - The issue was whether additional compensation @12% under Section 30(3) should be computed on the market value determined under Section 26(2) (with multiplication factor 2) or only on the base market value under Section 26(1). The Court held that the market value for the purpose of Section 30(3) includes the value determined under Section 26(2) with multiplication factor, and directed the respondents to pay additional compensation on the multiplied market value. (Paras 1-5)
Issue of Consideration
Whether the benefit of additional compensation @12% under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 should be granted on the market value computed with multiplication factor 2 under Section 26(2) or only on the base market value under Section 26(1).
Final Decision
The petition is allowed. The respondents are directed to pay additional compensation @12% under Section 30(3) on the market value computed with multiplication factor 2 under Section 26(2) of the Act, within a period of eight weeks from the date of receipt of the order. The petitioners are also entitled to interest and costs.
Law Points
- Additional compensation under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013 must be calculated on the market value determined under Section 26(2) (with multiplication factor)
- not merely on the base market value under Section 26(1).
Case Details
2026 LawText (GUJ) (03) 112
R/Special Civil Application No. 3720 of 2026
A.J. Yagnik, Tushar L. Chauhan, Sanjay Udhwani, Ankit Shah, Nanavati & Co.
Sanjaybhai Manubhai Patel & Ors.
Competent Authority, National Highway Authority of India and Deputy Collector, Navsari (Expressway) & Ors.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the non-award of additional compensation on multiplied market value.
Remedy Sought
Petitioners sought direction to the respondents to grant additional compensation @12% under Section 30(3) on the market value computed with multiplication factor 2 under Section 26(2).
Filing Reason
The competent authority awarded market value with multiplication factor 2 but granted additional compensation only on the base market value under Section 26(1), not on the multiplied value.
Previous Decisions
The issue was settled by this Court in Special Civil Application No.7561 of 2023 and other cognate matters decided on 23.12.2025, and followed in Special Civil Application No.2324 of 2026 decided on 26.02.2026.
Issues
Whether additional compensation under Section 30(3) of the Act should be calculated on the market value determined under Section 26(2) (with multiplication factor) or only on the base market value under Section 26(1).
Submissions/Arguments
Petitioners argued that the market value for the purpose of Section 30(3) includes the value determined under Section 26(2) with multiplication factor, and the respondents erred in granting additional compensation only on the base market value.
Respondents opposed the petition, but the Court found the issue already settled by its earlier decisions.
Ratio Decidendi
The market value for the purpose of additional compensation under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 includes the market value determined under Section 26(2) with the multiplication factor, and not merely the base market value under Section 26(1).
Judgment Excerpts
The issue pertaining to the grant of benefit of additional compensation @ 12% on multiplication factor 2, i.e. the market value computed under Section 26(2) of the Act’ 2013 has been set at rest with the decision of this Court in Special Civil Application No.7561 of 2023 and other cognate matters decided on 23.12.2025.
Taking note of the said decision dated 23.12.2025, in a latter judgment and order dated 26.02.2026 in a bunch of writ petition leading being Special Civil Application No.2324 of 2026, the following order was passed:- ...
Procedural History
The petitioners filed Special Civil Application No.3720 of 2026 before the High Court of Gujarat challenging the non-award of additional compensation on multiplied market value. The Court, after hearing the parties and relying on its earlier decisions, allowed the petition on 24.03.2026.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 26(1), Section 26(2), Section 30(3)
