DIGVIJAYSINH JASHWANTSINH SOLANKI vs COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER
- Court
- Gujarat High Court
- Case type
- SPECIAL CIVIL APPLICATION
- Decided on
- 24-03-2026
<div> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> <b>IN THE HIGH COURT OF GUJARAT AT AHMEDABAD</b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3696 of 2026</b><br /> <b>With </b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3702 of 2026</b><br /> <b>With </b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3705 of 2026</b><br /> <b>With </b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3717 of 2026</b><br /> <b>With </b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3719 of 2026</b><br /> <b>With </b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3741 of 2026</b><br /> <b>With </b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3742 of 2026</b><br /> <b>With </b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3778 of 2026</b><br /> <b>With </b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3908 of 2026</b><br /> <b>With </b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3954 of 2026</b><br /> <b>With </b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3977 of 2026</b><br /> <b>With </b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 3979 of 2026</b><br /> ==========================================================<br /> DIGVIJAYSINH JASHWANTSINH SOLANKI & ANR.<br /> Versus <br /> COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER<br /> & ORS.<br /> ==========================================================<br /> Appearance:<br /> MS. DIVYANSHI SINGH with MR. AISHWARY B. GUPTA with MR AJ <br /> YAGNIK(1372) for the Petitioner(s) No. 1,2<br /> MR TUSHAR L CHAUHAN(12449) for the Petitioner(s) No. 1,2<br /> MS. HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the <br /> Respondent(s) No. 1<br /> MR. SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for <br /> the Respondent(s) No. 1<br /> MR ANKIT SHAH(6371) for the Respondent(s) No. 3<br /> NANAVATI & CO.(7105) for the Respondent(s) No. 2<br /> ==========================================================<br /></div><table><thead><tr><th>CORAM:</th><th>HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE</th></tr></thead><tbody></tbody></table><div><br /> Page 1 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /></div><table><thead><tr><th></th><th>SUNITA AGARWAL</th></tr></thead><tbody><tr><td></td><td>and</td></tr><tr><td></td><td>HONOURABLE MR.JUSTICE D.N.RAY</td></tr></tbody></table><div><br /> <b>Date : 24/03/2026 </b><br /> <b>ORAL JUDGMENT</b><br /> <b> (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA</b><br /> <b>AGARWAL)</b><br /> Heard Mr. A.J.Yagnik, the learned advocate for the<br /> petitioners, Ms. Hetal Patel, the learned AGP appearing for the<br /> State respondent No.1, Mr. Maulik G. Nanavati, the learned<br /> advocate for the respondent No.2 and Mr. Ankit Shah, the learned<br /> advocate for the respondent No.3, in all the petitions.<br /> 2. In the present set of writ petitions, the petitioners are<br /> seeking for the benefits of statutory benefits of additional<br /> compensation @ 12% on the market value of the land provided<br /> under Section 30(3) <b> </b> of the Right to Fair Compensation and<br /> Transparency in Land Acquisition, Rehabilitation and Resettlement<br /> Act, 2013 (in short as ‘the 2013 Act’) for the period commending<br /> from the date of the preliminary notification published under<br /> Section 3A of the National Highways Act, 1956, till the date of the<br /> award or the date of taking possession of the land, whichever is<br /> earlier, as per the scheme of the said provision.<br /> 3. The petitioners would submit that though while making<br /> determination of the market value in accordance with Section 26 of<br /> the 2013 Act, multiplication Factor-2 was applied with respect to<br /> the land-in-question under the award, however, the benefits of the<br /> additional compensation as payable under Section 30(3) of the Act,<br /> 2013 on the total amount of the market value (including<br /> multiplication Factor-2) has not been awarded to the petitioners.<br /> The further prayer made in the writ petition is to award interest<br /> Page 2 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> under Section 80 of the Act, 2013 on the unpaid amount, which was<br /> required to be included in the impugned award.<br /> s<br /> 4. The petitioners would also pray for issuance of writ of<br /> mandamus directing the respondent authorities to grant the benefit<br /> of Schedule-II with regard to re-habilitation and re-settlement<br /> under the 2013 Act in light of the directives and guidelines issued<br /> by the Government of India, Ministry of Road Transport and<br /> Highways, appended as Annexure-’A’ to the writ petition. The<br /> further prayer is to extend the benefits of Schedule-III with regard<br /> to infrastructural amenities, based on the notification dated<br /> 28.08.2015 issued by the Government of India, whereby the First,<br /> Second and Third Schedule of the 2013 Act have been made<br /> applicable with respect to the acquisition made under the<br /> enactments enumerated in the Fourth Schedule of the 2013, Act.<br /> 5. It is contended by Mr. A.J.Yagnik, the learned counsel for the<br /> petitioners that the National Highways Act, 1956 is one of the<br /> enactments enumerated in the Fourth Schedule to the 2013 Act.<br /> The result is that by virtue of the notification dated 28.08.2015<br /> issued by the Central Government of India, which was given due<br /> attention by the Apex Court in the case of <b>Union of India and</b><br /> <b>Another v/s. Tarsem Singh and Others [(2019) 9 SCC 304]</b><br /> and received approval in the case of <b>NHAI v/s. P. Nagaraju</b><br /> <b>[(2022) 15 SCC 1]</b> , the petitioners are entitled for all the<br /> statutory benefits of 2013 Act including the additional<br /> compensation payable under Section 30(3) of the Act, 2013. <br /> 6. Taking note of all these submissions made by the learned<br /> counsel appearing for the petitioners, at the outset, we may say<br /> that the awards in the present writ petition have been rendered<br /> Page 3 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> sometime in the year 2021. All the petitioners herein have<br /> approached this Court for the first time in the present writ petition<br /> filed in the month of March, 2026, agitating the issue of denial of<br /> interest under Section 30(3) and the benefits of Second and Third<br /> Schedule of the 2013 Act.<br /> <br /> 7. As regards the benefits under Section 30(3) of the 2013 Act,<br /> this Court has awarded the said benefits to the petitioners in the<br /> <b>Special Civil Application No. 7561 of 2023 and other cognate</b><br /> <b>petitions</b> decided on 23.12.2025. In the said group of petitions,<br /> the question before this Court was, “whether the additional amount<br /> of compensation (calculated @ 12% per annum) under Section<br /> 30(3) of the 2013 Act on the market value of the land determined<br /> under Section 26 shall be computed on the multiplication Factor-2<br /> as per sub-section(2) of Section 26 of the Act, 2013, applied on the<br /> market value, determined as per sub-section(1) of Section 26 of the<br /> Act, 2013”. We may note that in the facts of the said case, the<br /> petitioners agitated denial of the benefits of sub-section(3) of<br /> Section 30 on the additional market value determined by<br /> application of multiplication Factor-2 under the directions issued<br /> by this Court. However, the petitioners therein had received the<br /> benefit of additional compensation of 12% on the base market value<br /> determined in accordance with the provisions of Section 26(1) of<br /> the 2013, Act, under the original award passed by the competent<br /> authority under Section 3G (1) of the National Highways Act, 1956.<br /> 8. In that context, while reading the provisions of 2013 Act and<br /> the interplay between the National Highways Act, 1956 and 2013<br /> Act keeping in mind of the applicability of the First Schedule of the<br /> 2013 Act, in the matter of determination of compensation for the<br /> lands acquired under the National Highways Act, this Court upheld<br /> Page 4 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> the claim of the petitioners for grant of the benefits of additional<br /> compensation under Section 30(3) @ 12%, on the base market<br /> value including multiplication Factor-2 determined under Section<br /> 26 of the 2013 Act. It was held therein that :-<br /> “96. Keeping in mind all the above noted principles of statutory<br /> interpretation, we have no reason to assign a different meaning to<br /> the word “market value” than defined in Section 3(u) of the Act,<br /> which would mean “the value of the land determined in accordance<br /> with Section 26 of the Act, 2013”. Section 26, as discussed<br /> hereinbefore, provides different criterias for determination of<br /> market value of land and Sub-Section (2) is included therein, which<br /> provides for application of multiplication Factor 2 on the market<br /> value of the land calculated as per Sub-Section (1). In the Scheme<br /> of the Act, Section 28 refers to the “market value as determined<br /> under Section 26” being the first factor in determining the amount<br /> of compensation. Section 30(3) provides that in addition to the<br /> “market value of the land provided under Section 26”, the<br /> Collector shall award an amount calculated @ 12% on “such<br /> market value” for the period provided therein in every case.<br /> 97. Ms. Manisha Lavkumar, learned Additional Advocate<br /> General, would argue that the phrase “such market value”<br /> occurring in the third line of Sub-Section (3) of Section 30 of the<br /> Act, 2013 is to be considered as “the market value determined<br /> under Section 26(1) of Act, 2013 only”. To deal with this<br /> submission, at the cost of repetition, suffice it to note that there<br /> has been a consistent view of the Courts that when the legislature<br /> has used the same word or expression in different parts of the<br /> same Section or statute, there is a presumption that such word or<br /> expression is used in the same sense throughout. Where the<br /> draftsman uses the same word or phrase in similar contexts, he<br /> must be presumed to intend it in each place to bear the same<br /> <i>19</i><br /> meaning. <i>(Reference: House of Lords in Farrel Vs. Alexander</i> <i>)</i><br /> 98. The law is that the Court embarking upon interpretative<br /> expedition shall identify the contextual use of the word or<br /> expression and then determine its direction, avoiding collision with<br /> inconsistency and repugnancy.<br /> th<br /> 99. In Shorter Oxford English Dictionary, (5 ed, 2003, Volume<br /> 2) the meaning of the word “such” is defined as <i>“of the kind,</i><br /> <i>degree, or category previously specified or implied contextually; of</i><br /> <i>the same kind or degree as something previously specific or</i><br /> <i>implied contextually; of that kind; similar; of the character</i><br /> <i>previously specified by a preceding adjective, so; of the kind,</i><br /> <i>degree, category being or about to be specified.”</i><br /> Page 5 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> 100. Thus, the use of the word “such” as an adjective prefixed to<br /> a noun is indicative of the draftsman’s intention that he is<br /> assigning the same meaning or characteristic to the noun as has<br /> been previously indicated or that he is referring to something what<br /> has been said before. This principle has all the more vigorous<br /> application when two places, employing the same expression, at<br /> the earlier place the expression having been defined or<br /> characterised and at the latter place having been qualified by use<br /> of word “such”, are situated in close proximity (Reference:<br /> Paragraph ‘43’ <b><i>Central Bank of India Vs. Ravindra and Others</i></b><br /> [(2002) 1 SCC 369].<br /> 101. Considering the above, we are of the opinion that the<br /> meaning assigned to the expression “market value of the land<br /> provided under Section 26 of the Act, 2013”, occurring in the first<br /> line of Sub-Section (3) of Section 30 of the Act, 2013 should<br /> continue to be assigned to “market value” occurring in the third<br /> line, where the said expression has been used qualified by the<br /> adjective “such”. In other words, the expression “market value”<br /> qualified by the adjective “such” occurring in the third line shall<br /> have to be assigned the same meaning characterized to the same<br /> expression in the first line of Sub-Section (3) of Section 30 of the<br /> same sentence. The Act defines “market value” to mean as the<br /> “market value determined in accordance with Section 26 of the<br /> Act, 2013”. Thus, the expression “market value” occurring in<br /> various Sections of the Act, 2013 is to be assigned the same<br /> meaning as the “market value determined or provided under<br /> Section 26”. The expression “such market value” will also be<br /> given the same meaning and cannot be assigned a different<br /> meaning to the “market value” being the value determined in<br /> accordance with Sub-Section (1) of Section 26 of the Act, 2013,<br /> only. Such an interpretation would cause violence to the statute as<br /> it would require us to add and read sub-section (1) not only in the<br /> first line of Sub-Section (3) of Section 30, which qualifies the<br /> expression “such market value” in the latter part of the said Sub-<br /> Section, but would also require us to read Sub-Section (1) in<br /> Section 3(u), which is the definition clause.<br /> 102. The contention of the learned Additional Advocate General<br /> on the submission pertaining to the interpretation of the words<br /> “such market value” occurring in Sub-Section (3) of Section 30 to<br /> mean as the “market value determined under Sub-Section (1) of<br /> Section 26 only” is liable to be rejected, accordingly.<br /> 103. Having reached at this stage, we find that Section 26 in the<br /> Act, 2013 is a provision, which provides for different factors for<br /> assessment and determination of the market value of the land,<br /> acquired under the Act; Sub-Section (1) of Section 26 provides a<br /> set of criterias for assessment of market value; Sub-Section (2) of<br /> Section 26 provides for application of multiplication Factor 2 to the<br /> calculation of the market value made under Sub-Section (1). The<br /> Page 6 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> multiplication Factor is provided in the First Schedule and as per<br /> Item No.2 for rural area, the manner of determination of value is<br /> “1.00 (One) to 2.00 (Two) based on the distance of project from<br /> urban area, as may be notified by the appropriate Government.<br /> The notification of the Central Government dated 09.02.2016<br /> published in the Official Gazette provides that in case of rural<br /> areas, the factor by which the market value is to be multiplied is<br /> 2.00 (Two). The multiplication Factor as per Sub-Section (2) of<br /> Section 26 of the Act, 2013, is an additional factor conceived by the<br /> legislature to be added to the market value determined under Sub-<br /> Section (1) of Section 26 incorporated in the statute itself,<br /> depending upon the location of the acquired land, as per the<br /> notification of the appropriate Government.<br /> 104. Sub-Section (3) of Section 26 of the Act, 2013 in the opening<br /> line, also refers to both Sub-Section (1) and Sub-Section (2) while<br /> stating that in a case where the market value cannot be<br /> determined under Sub-Section (1) or Sub-Section (2), for the<br /> reasons provided therein, the State Government shall specify the<br /> floor price as provided therein.<br /> 105. It is, thus, difficult for us to accept that the multiplication<br /> Factor notified by the appropriate Government under the Scheme<br /> of the Act, 2013, to be added in the market value of the land<br /> determined under Sub-Section (1) of Section 26, as per Sub-<br /> Section (2) of Section 26 is a part of “compensation package” and<br /> is not included in the expression the “market value” of the land as<br /> determined under Section 26 of the Act, 2013. The “market value”<br /> of the land being the end product of different components of<br /> assessment and determination, cannot be confused with the<br /> connotation or the word “compensation” under the Scheme of the<br /> Act, 2013, which includes parameters other than the market value<br /> of the land determined under Section 26, inasmuch as, it includes<br /> the values of the assets attached to the land, the award amount in<br /> accordance with the First and Second Schedules, the damages<br /> computed, if any, under Section 28 and Solatium under Sub-<br /> Section (1) of Section 30 of the Act, 2013.<br /> 106. It is further interesting to note that neither the damages, if<br /> any, awarded under Section 28 are mentioned as one of the<br /> components of “compensation package” in the First Schedule nor<br /> there is a mention of the statutory amount @ 12% provided in<br /> Section 30(3). The expression “amount of compensation” in Section<br /> 28 is inclusive of the award amount under the First Schedule along<br /> with other parameters mentioned therein. This would further be<br /> indicative of the intention of the legislature that the components of<br /> “compensation package” provided in the First Schedule are not<br /> exhaustive and the expression “compensation package” therein will<br /> not control or govern the meaning of the word “compensation” or<br /> “market value” in the Scheme of the enactment. <br /> Page 7 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> 107. From the table extracted in the First Schedule, it may be<br /> noted that it refers to certain details which the Collector has to<br /> mention in the individual awards, such as the market value of the<br /> land; value of the assets attached to land and building and<br /> Solatium, while making of the final awards in the lands of rural<br /> areas by application of multiplication Factor notified by the<br /> appropriate Court. One of the main purpose of the First Schedule<br /> is to provide the mechanism of working out the multiplication<br /> Factor to be applied to the land in rural areas, and the said<br /> purpose stood served with the notification of the appropriate<br /> Government. The First Schedule cannot be given undue<br /> importance to employ it for the purpose more than for which it has<br /> been introduced by Sub-Section (2) of Section 30, so as to control<br /> the meaning of the expression “market value” and “compensation”<br /> in the entire enactment.<br /> 108. In the result, all the contentions made by the learned<br /> Additional Advocate General to impress upon us that the additional<br /> amount @ 12% can only be awarded on the “base market value”<br /> assessed and determined as per Sub-Section (1) of Section 26 and<br /> it cannot be computed on the multiplication Factor as provided in<br /> Sub-Section (2) of Section 26 for determination of the market value<br /> of the land, are liable to be turned down.<br /> 109. Moving further, we may note that the additional amount<br /> payable under Section 30(3) of the Act, 2013 is neither an interest<br /> nor solatium. It is an additional compensation designed to<br /> compensate the owner of the land for the rise in price during the<br /> pendency of the land acquisition proceedings. While interpreting<br /> Section 23 (1A) of the Act, 1894, which is <i>pari materia</i> to Section<br /> 30(3) of the Act, 2013, it is held by the Apex Court in <b><i>Assistant</i></b><br /> <b><i>Commissioner, Gadag Sub-Division, Gadag Vs. Mathapathi</i></b><br /> <b><i> </i></b><br /> <b><i>Basavannewwa</i></b> <b><i>and Others</i></b> <b><i> [(1995) 6 SCC 355] </i></b> that Section<br /> 23(1-A) was introduced by the legislature to mitigate the hardship<br /> caused to the owners of the land and to offset the effect of inflation<br /> and the rise in the value of properties, for the period commencing<br /> from the date of Section 4(1) notification till the date of the award.<br /> 110. In cases where the publication of notification under Section<br /> 4(1) was by invoking power of urgency under Section 17(4) of the<br /> Act, 1894 and possession has been taken before making of the<br /> award, the additional amount @ 12% per annum is intended to be<br /> paid as compensation from the date of taking possession till the<br /> date of making of the award.<br /> 111. The Apex Court in the case of <b><i>Commissioner of Income</i></b><br /> <b><i> </i></b><br /> <b><i>Tax, Faridabad Vs. Ghanshyam</i></b> [(2009) 8 SCC 412] while dealing<br /> with the question as to whether the amount of additional<br /> compensation under Section 23 (1-A) of the Act, 1894 and interest<br /> thereon would be taxable as income, has held that:<br /> Page 8 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> <i>“30.</i> <i>The additional amount payable under Section 23(1-A)</i><br /> <i>of the 1894 Act is neither interest nor solatium. It is an</i><br /> <i>additional compensation designed to compensate the owner</i><br /> <i>of the land, for the rise in price during pendency of the land</i><br /> <i>acquisition proceedings. It is measure to offset the effect of</i><br /> <i>inflation and the continuous rise in the value of properties</i><br /> <i>(See State of T.N. v. L. Krishnan). Therefore, the amount</i><br /> <i>payable under Section 23 (1-A) of 1894 Act is an additional</i><br /> <i>compensation in respect to the acquisition and has to be</i><br /> <i>reckoned as part of the market value of the land.</i><br /> <i>31. Sub-Section (1-A) of Section 23 was introduced by the</i><br /> <i>Land Acquisition (Amendment) Act, 1984. It provides that in</i><br /> <i>every case the court shall award an amount as additional</i><br /> <i>compensation at the rate of 12% per annum on the market</i><br /> <i>value of the land for the period commencing on and from the</i><br /> <i>date of publication of the notification under Section 4(1) to</i><br /> <i>the date of the award of the Collector or to the date of taking</i><br /> <i>possession of the land, whichever is earlier. In other words</i><br /> <i>sub-section (1-A) of Section 23 provides for additional</i><br /> <i>compensation. The said sub-section takes care of increase in</i><br /> <i>the value at the rate of 12% per annum.”</i><br /> 112. The market value of the land determined under Section 26<br /> as on the date of the notification under Section 11 of the Act, 2013<br /> (Section 3A of the National Highways Act, 1956 for the present<br /> case) is static. The additional compensation @12% is designed to<br /> compensate the owners for the increase in the value of the land<br /> during the pendency of the land acquisition proceedings and is to<br /> be reckoned as a part of the market value of the land. The<br /> additional amount @ 12%, thus, has to be computed combining all<br /> the factors for assessment and determination of the market value<br /> under Section 26 of the Act, 2013. <br /> 113. In the instant case, the multiplication Factor 2 for the lands<br /> of the rural area was required to be included in the original award<br /> declared sometime in the year 2017 as for providing just and fair<br /> market value of the land to the land owners as on the date of the<br /> notification under Section 3A of the Act, 1956. The additional<br /> compensation under Sub-Section (3) of Section 30 of the Act, 2013<br /> @ 12% per annum was required to be computed on the total<br /> amount of the market value of the land determined under Section<br /> 26, by including multiplication Factor 2. Because of the delay in<br /> the notification by the Central Government as per the first<br /> schedule, which came in the year 2016 and the subsequent<br /> approach of the State Government in denying the benefit of the<br /> said notification to the lands lying in the rural area in the State,<br /> this Court had to intervene on the question of application of the<br /> appropriate multiplication factor for the lands in question.”<br /> Page 9 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> 9. It was, thus, concluded in paragraph No. ‘115’ as under :-<br /> “115. With the above, we hold that the petitioners herein are<br /> entitled to the additional compensation (@ 12% per annum) to be<br /> computed on the market value by application of multiplication<br /> Factor 2 as per Section 26 of the Act, 2013, from the date of<br /> Section 3A notification under the Act, 1956 till the date of making<br /> of the original award (in the year 2017), inasmuch as, in the instant<br /> case, the possession of the lands in question had been taken after<br /> declaration of the award in the year 2017 and payment of<br /> compensation thereunder. The terminal point under Section 30(3),<br /> being the date of the award (original award), is applicable in this<br /> case being earlier in point of time to the date of taking possession.”<br /> 10. On the issue of award of interest under Section 80, it was<br /> further held in paragraph No. ‘116’ as under :-<br /> “116. As regards the interest under Section 80 of the Act, 2013,<br /> the same would be payable to the land owners on the additional<br /> amount to be determined by the competent authority, as per Sub-<br /> Section (3) of Section 30 of additional compensation which is to be<br /> computed on the difference of the market value determined by<br /> application of multiplication Factor 2, in the amended awards<br /> passed in the year 2021. As the additional compensation @ 12 %<br /> per annum is considered to be a factor designed to compensate the<br /> owners of the land for the rise in the land prices during the<br /> pendency of the land acquisition proceedings, it would be treated<br /> as the part of the compensation, which was required to be<br /> included in the final (original) award passed by the Special Land<br /> Acquisition Officer in the year 2017. As there has been non-<br /> payment of the full compensation amount as per the Scheme of<br /> the Act, 2013, the unpaid amount of the compensation would carry<br /> interest @ 9% & 15% under the Scheme of Section 80 of the Act,<br /> 2013, from the date of taking possession of the land in question till<br /> the date of deposits or payments made under the amended award<br /> passed by application of multiplication Factor 2. It is clarified that<br /> we have confined the liability of interest under Section 80 uptil the<br /> date of making of the deposits or payments under the amended<br /> award, taking into account that there has been delays in filing the<br /> Writ Petitions in this bunch, seeking for the benefit of Section 30(3)<br /> which was not included in the amended awards passed sometime<br /> after 2021.”<br /> 11. There can be no dispute about the entitlement of the land<br /> Page 10 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> owners herein to the benefit of 12% additional compensation under<br /> sub-section(3) of Section 30 on the market value determined under<br /> Section 26 of the 2013 Act.<br /> 12. On a query made by the Court, Mr. Maulik G. Nanavati, the<br /> learned counsel for the NHAI would submit that there is no<br /> challenge to the aforesaid decision and the same is holding the<br /> field as on date.<br /> 13. It would also be pertinent to note here that in the awards-in-<br /> question passed in the year 2021, the competent authority had not<br /> included the benefits of Section 30(3) on the premise that the<br /> determination made by the Land Valuation Committee included the<br /> statutory benefits of additional compensation. We do not find any<br /> reason to deliberate on the said issue as it is wholly misconcieved.<br /> 14. In view of the above, we have no hesitation in holding that<br /> the petitioners herein are entitled for the benefit of additional<br /> compensation @ 12% on the market value determined by the<br /> competent authority under the award impugned. It is provided that<br /> while making computation for the additional compensation of 12%,<br /> the competent authority would be required to take into<br /> consideration the market value determined under Section 26 of the<br /> Act, 2013, which would include both the market value determined<br /> under sub-section(1) as well as sub-section(2) of Section 26,<br /> inasmuch as, the case of the petitioners herein is that the<br /> additional compensation @ 12% has not been awarded even on the<br /> base market value (market value under Section 26(1) of the Act,<br /> 2013).<br /> 15. The prayer made in the writ petition for grant of benefit of<br /> Page 11 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> Section 30(3) and the statutory interest under Section 80 on the<br /> unpaid amount of additional compensation, is hereby granted.<br /> Since the statutory benefits, as admissible to the petitioners on the<br /> date of making of the award had been denied, the petitioners are<br /> also held entitled to interest under Section 80 of the Act, 2013 on<br /> the amount of the additional compensation, calculated on the<br /> market value determined under the impugned award. <br /> 16. However, looking to the fact that the petitioners have<br /> approached this Court after a gap of almost four years to seek the<br /> statutory benefits under Section 30(3), we find it fit and proper to<br /> provide that the statutory interest under Section 80 shall be<br /> calculated at the rate of 9% and 15% for a period of three years<br /> from the date of making of the award.<br /> 17. The competent authority shall be required to pass the award<br /> in accordance with the above directions within a period of six<br /> weeks from the date of receipt of a copy of this order.<br /> 18. However, for the prayer made in the writ petition about the<br /> grant of benefits as contained in Second and Third Schedule of the<br /> 2013 Act, suffice it to say that there is no whisper in the writ<br /> petition about any steps taken by the petitioners or any grievances<br /> raised before any of the authorities at any point of time during the<br /> course of acquisition, that they are entitled for the benefit of<br /> Schedule-II and Schedule-III of the 2013 Act, and it was illegally<br /> denied. The acquisitions in the present case are of the year 2015-<br /> 2016, which came to their logical end much after the notification<br /> dated 28.08.2015 issued by the Central Government whereby the<br /> benefits under Schedule II and Schedule III of the 2013 Act have<br /> been made applicable to the acquisitions made under the National<br /> Page 12 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026<br /><br /> C/SCA/3696/2026 JUDGMENT DATED: 24/03/2026<br /> Highways Act.<br /> 19. In our considered opinion, this is not a fit case to grant such<br /> benefits because of the delay and laches on the part of the<br /> petitioners and on the principle of estoppel and acquiescence. The<br /> further prayers made in the writ petition in that regard are,<br /> therefore, rejected.<br /> 20. With the above, the present set of writ petitions are partly<br /> allowed. <br /> <b>(SUNITA AGARWAL, CJ ) </b><br /> <b>(D.N.RAY,J) </b><br /> VARSHA DESAI<br /> Page 13 of 13<br /> Uploaded by VARSHA DESAI(HC01393) on Fri Mar 27 2026 Downloaded on : Fri Mar 27 13:58:10 IST 2026</div>