Case Note & Summary
The petitioners, Sureshbhai Ravajibhai Ahir and others, were landowners whose lands were acquired for the National Highway Authority of India (NHAI) under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the Act). The Competent Authority and Deputy Collector, Navsari (Expressway) passed awards dated 19.03.2020 and 05.08.2020 determining the market value of the lands by applying multiplication factor 2 under Section 26(2) of the Act. However, while granting additional compensation @12% under Section 30(3) of the Act, the authority computed it only on the base market value under Section 26(1), not on the multiplied market value. The petitioners challenged this before the Gujarat High Court, contending that the additional compensation should be calculated on the market value as determined after applying the multiplication factor. The Court noted that the issue had been settled by its earlier decision in Special Civil Application No.7561 of 2023 and cognate matters decided on 23.12.2025, and further by an order dated 26.02.2026 in Special Civil Application No.2324 of 2026, which held that additional compensation under Section 30(3) must be granted on the market value computed under Section 26(2). The Court allowed the petitions, directing the respondents to recalculate the additional compensation on the multiplied market value and pay the same within eight weeks. The Court also clarified that if the amount was not paid within the stipulated time, it would carry interest at the rate applicable under the Act.
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 - Computation of additional compensation @12% on market value - The issue is whether additional compensation under Section 30(3) should be calculated on the market value determined under Section 26(2) after applying multiplication factor or only on the base market value under Section 26(1) - The Court held that the benefit of additional compensation @12% must be granted on the market value computed under Section 26(2) after applying multiplication factor 2, as the award had already determined market value by applying the multiplication factor - The Court relied on its earlier decision in Special Civil Application No.7561 of 2023 and cognate matters decided on 23.12.2025, and followed the order dated 26.02.2026 in Special Civil Application No.2324 of 2026 - The respondents were directed to recalculate and pay the additional compensation accordingly within eight weeks (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 after applying multiplication factor 2 under Section 26(2) or only on the base market value under Section 26(1)
Final Decision
The Court allowed the petitions and directed the respondents to recalculate the additional compensation @12% under Section 30(3) on the market value computed under Section 26(2) after applying multiplication factor 2, and pay the same within eight weeks. If not paid within that time, the amount shall carry interest at the rate applicable under the Act.
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 computed on the market value determined under Section 26(2) after applying multiplication factor
- not on the base market value under Section 26(1)
