C/SCA/10219/2021 ORDER DATED: 02/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10219 of 2021
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RATHOD BHUPATBHAI RAMABHAI
Versus
COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA
AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR YV VAGHELA(2450) for the Petitioner(s) No.
1,10,11,12,13,14,2,3,4,5,6,7,8,9
MS. SHRUTI PATHAK, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MS. MANVI DAMLE, ADVOCATE FOR MR. MAULIK NANAVATI,
ADVOCATE FOR NANAVATI & CO.(7105) for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
VIKRAM NATH
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 02/08/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH) 1 We have heard Mr.Y.V.Vaghela, learned counsel for the petitioners, Ms.Shruti Pathak, learned Assistant Government Pleader for respondent No.1 - Special Land Acquisition Officer and Ms. Manvi Damle, learned advocate for Mr.Maulik Nanavati, representing the National Highways Authority of India, respondent No.2.
2 Learned counsels for the parties agree that this is a matter identically covered by an order of a coordinate Bench dated 23.04.2021 passed in Page 1 of 3 Downloaded on : Sun Jan 16 05:13:26 IST 2022 C/SCA/10219/2021 ORDER DATED: 02/08/2021 Special Civil Application No.5913 of 2021. The said order of the coordinate Bench dated 23.04.2021 is further based upon a Division Bench judgment of this Court dated 12.09.2019 passed in a group of petitions led by Special Civil Application No.8734 of 2019 which has since been affirmed by the Supreme Court as the Special Leave Petition filed by the State Government has been dismissed on 07.01.2021, the SLP (Civil) Diary number being 18777 of 2020.
3 Ms. Damle, learned counsel for the National Highway Authority of India states that if it is found that the petitioners are entitled to Factor-2 being applied for determination of their compensation and other benefits, the National Highway Authority of India would make the deposit within 21 days of such determination.
4 It has been pointed out by Ms.Shruti Pathak, learned Assistant Government Pleader that if the present petitioners have moved for redetermination of compensation before the Arbitrator under Section 3G(5) of the National Highways Act, 1956. It is thus submitted by Ms.Pathak as also Ms.Damle, learned advocate, appearing for NHAI that before the Arbitrator, the petitioners may not insist for Factor-2 claim or in the alternative the respondents may be permitted to apprise the Arbitrator of the said issue so that there is no further multiplicity or Page 2 of 3 Downloaded on : Sun Jan 16 05:13:26 IST 2022 C/SCA/10219/2021 ORDER DATED: 02/08/2021 complication in the proceedings. Mr.Vaghela, learned counsel for the petitioners states that the petitioner would not insist for Factor-2 before the Arbitrator as they would be getting the benefit of Factor-2 under the present orders.
5 In that view of the matter, we dispose of the present petition also in the same terms as contained in the judgment and order dated 23.04.2021 passed in Special Civil Application No.5913 of 2021.
(VIKRAM NATH, CJ) (BIREN VAISHNAV, J) Bimal Page 3 of 3 Downloaded on : Sun Jan 16 05:13:26 IST 2022