NANSING POOJALAL RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. Malaykumar S.Patel, learned advocate for the petitioner, Mr. Krutik Parikh, learned Assistant Government Pleader for the State respondents Nos. 1,2 and 3 and Mr.Maulik Nanavati learned advocate for the respondent no.4. Respondents Nos. 7,8 and 15 have refused to accept the service of notice.

(2.) RULE returnable forthwith. Learned advocates for the respondents waive service of notice of rule. With the consent of the learned advocates for the parties, matter is taken up for final hearing today.

(3.) In this petition, under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondents to modify/revise the award dtd. 5/9/2017 bearing no.LAQ/Vadodara-Mumbai Express Way/ Sherkhi Compensation Case No. 13/2013 by giving a further direction to recompute the compensation qua the lands to the petitioner by multiplying the market value as determined under Sec. 26(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 read with the First Schedule with Factor-2 as per Sec. 26(2) read with Schedule-I of the award and further direction to grant all other statutory benefits including solatium under Sec. 13(1) and interest under Sec. 13(3) of the Act of 2013 with interest at the rate of 9% for the first year and 15% per annum for the next year.