Case Note & Summary
The petitioners, whose lands were acquired under the National Highways Act, 1956, filed writ petitions seeking the benefit of additional compensation at 12% per annum on the market value of the land under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act). They contended that the additional compensation should be calculated from the date of the preliminary notification under Section 3A of the National Highways Act, 1956, until the date of the award or the date of taking possession, whichever is earlier. The respondents, including the Competent Authority and Special Land Acquisition Officer, the State of Gujarat, and the National Highways Authority of India, opposed the petitions. The court, after hearing the parties, held that the benefit under Section 30(3) of the 2013 Act is applicable to acquisitions under the National Highways Act, 1956. The court directed the respondents to compute the additional compensation at 12% per annum on the market value of the land for the period from the date of the preliminary notification under Section 3A of the 1956 Act until the date of the award or possession, whichever is earlier, and to pay the same within eight weeks from the date of the order. The petitions were allowed accordingly.
Headnote
A) Land Acquisition - Additional Compensation - Section 30(3) of RFCTLARR Act, 2013 - Entitlement to 12% additional compensation on market value for land acquired under National Highways Act, 1956 - Petitioners sought benefit of additional compensation from date of preliminary notification under Section 3A of the 1956 Act until award or possession - Court held that the benefit under Section 30(3) of the 2013 Act is applicable to acquisitions under the National Highways Act, 1956, and directed the respondents to compute and pay the additional compensation within eight weeks (Paras 2-5).
Issue of Consideration
Whether the petitioners are entitled to additional compensation at 12% per annum on the market value of the land under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for the period from the date of preliminary notification under Section 3A of the National Highways Act, 1956, until the date of award or possession, whichever is earlier.
Final Decision
The court allowed the petitions and directed the respondents to compute and pay additional compensation at 12% per annum on the market value of the land for the period from the date of preliminary notification under Section 3A of the National Highways Act, 1956 until the date of award or possession, whichever is earlier, within eight weeks from the date of the order.
Law Points
- Additional compensation under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013 is payable for land acquired under the National Highways Act
- 1956
- from the date of preliminary notification under Section 3A of the 1956 Act until the date of award or possession
- whichever is earlier.
Case Details
R/Special Civil Application No. 3620 of 2026 with 3622, 3631, 3634 of 2026
Ms. Aishwarya Gupta for Mr. A.J. Yagnik, Mr. Tushar L. Chauhan for petitioners; Mr. Sanjay Udhwani, AGP for respondent No.1; Ms. Khyati Bhati for Mr. Maulik G. Nanavati for respondent No.2; Mr. Pradip D. Bhate for respondent No.3
Harishbhai Mangubhai Halpati & Ors.
Competent Authority and Special Land Acquisition Officer & Ors.
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Nature of Litigation
Writ petitions seeking additional compensation under Section 30(3) of the RFCTLARR Act, 2013 for land acquired under the National Highways Act, 1956.
Remedy Sought
Petitioners sought direction to respondents to pay additional compensation at 12% on market value from date of preliminary notification under Section 3A of the National Highways Act, 1956 until award or possession.
Filing Reason
Petitioners claimed they were entitled to additional compensation under Section 30(3) of the 2013 Act for the period between preliminary notification and award/possession.
Issues
Whether Section 30(3) of the RFCTLARR Act, 2013 applies to acquisitions under the National Highways Act, 1956.
Whether the additional compensation is payable from the date of preliminary notification under Section 3A of the 1956 Act.
Submissions/Arguments
Petitioners argued that they are entitled to additional compensation at 12% per annum on market value under Section 30(3) of the 2013 Act from the date of preliminary notification under Section 3A of the National Highways Act, 1956 until award or possession.
Respondents opposed the petitions, but the court found merit in the petitioners' submissions.
Ratio Decidendi
The benefit of additional compensation under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is applicable to land acquisitions under the National Highways Act, 1956, and the period for such compensation runs from the date of preliminary notification under Section 3A of the 1956 Act until the date of award or possession, whichever is earlier.
Judgment Excerpts
In the present set of writ petitions, the petitioners are seeking for the benefits of statutory benefits of additional compensation @ 12% on the market value of the land provided under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short as ‘the 2013 Act’) for the period commending from the date of the preliminary notification published under Section 3A of the National Highways Act, 1956, till the date of the award or the date of taking possession of the land, whichever is earlier, as per the scheme of the said provision.
Procedural History
The petitioners filed writ petitions before the High Court of Gujarat seeking additional compensation under Section 30(3) of the RFCTLARR Act, 2013. The court heard the parties and delivered judgment on 16/03/2026.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: 30(3)
- National Highways Act, 1956: 3A
