LAWS(GJH)-2024-9-13

KOLI RAMBHABEN JORAJI Vs. STATE OF GUJARAT

Decided On September 30, 2024
Koli Rambhaben Joraji Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present petition is filed with a prayer to grant statutory interest under Sec. 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short as 'the Act' 2013') on the compensation amount awarded under the Award dtd. 28/6/2016 in Land Acquisition Case No. 312 of 2013 as also on the amended Award dtd. 2/5/2019.

(2.) We may note that the petitioners have not raised any dispute with regard to non-inclusion of statutory interest in the award which was passed on 28/6/2016. Even this issue was not raised at the time when claim for multiplier of Factor 2 was raised and amended Award was passed on 2/5/2019. After a period of 8 years from the date of the original award and almost 6 years from the date of the amended award, for the first time, the instant petition has been filed on the premise that in identical matter, by judgement and order dtd. 2/7/2024, this Court has directed the respondents to pay the statutory interest as prescribed under Sec. 80 of the Act' 2013.

(3.) There is complete silence in the writ petition about the interest amount, if any, paid to the petitioners under the award in question which states that in case the possession of the land in question had been taken by the acquiring body, interest was required to be paid.