Vinodbhai Ramniklal Vashi vs State Of Gujarat

     C/SCA/3756/2023                                  ORDER DATED: 06/03/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO.3756 of 2023
                        With
     R/SPECIAL CIVIL APPLICATION NO.3757 of 2023
                        With
     R/SPECIAL CIVIL APPLICATION NO.3758 of 2023
                        With
     R/SPECIAL CIVIL APPLICATION NO.3759 of 2023
                        With
     R/SPECIAL CIVIL APPLICATION NO.3760 of 2023
                        With
     R/SPECIAL CIVIL APPLICATION NO.3761 of 2023
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                       VINODBHAI RAMNIKLAL VASHI
                                 Versus
                           STATE OF GUJARAT
=========================================
Appearance :
MR NIRAV C THAKKAR FOR MR DIGANT M POPAT for the Petitioner.
MR UTKARSH SHARMA, AGP ON ADVANCE COPY SERVED TO GOVERNMENT
PLEADER for the Respondent Nos.1 & 2.
MS ARCHANA AMIN, for the Respondent Nos.3 and 4.
=========================================

 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                      Date : 06/03/2023
                  COMMON ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR.

JUSTICE A. J. DESAI)

1. Rule. Mr. Utkarsh Sharma, learned Assistant Government Pleader as well as Ms. Archana Amin, learned advocate waive service of rule on behalf of respective respondents.

2. With the consent of parties, all these petitions are taken up for final disposal today itself.

C/SCA/3756/2023 ORDER DATED: 06/03/2023

3. By way of the present petitions, the petitioners have sought for consideration of representations / applications submitted to the Competent Authority and Special Land Acquisition Officer, raising their grievance to apply multiplying factor 2.00 instead of 1.00 contending inter alia that the same has not been decided and it is pending consideration before the Authority.

4. It is the grievance of the petitioner in each case with regard to calculating the compensation for the land acquired for the Project of Special Railway Project Western Dedicated Freight Corridor for which the authority is yet to decide the compensation.

5. We have heard learned advocates appearing for the respective parties and also gone through the order dated 17.1.2023 passed by coordinate Bench of this Court in Special Civil Application No.709 of 2023 which involves similar issue. Hence, we pass the following order :-

(1) These petitions stand disposed of and in light of the agreement on the part of petitioners for these matters also being referred to competent authority viz., respondent No.2 for consideration of claim of parties by keeping open all the issues to be decided in appropriate matter. We direct the respondent No.2 to recompute the market value of the land of petitioners by applying appropriate multiplication factor for the amount of compensation by following the law laid down by the Hon'ble Apex Court in all respects.

(2) The authority shall also keep in mind the judgment rendered by the Hon'ble Apex Court in the Special Leave Petition Page 2 of 3 Downloaded on : Mon Mar 06 20:45:11 IST 2023 C/SCA/3756/2023 ORDER DATED: 06/03/2023 (Civil) Diary No. 18777 of 2020 as also decision of this Court in Special Civil Application No. 8734 of 2019 and publish the award under Section 20F of the Railways Act and this exercise shall be undertaken within a period of eight (8) weeks from the date of receipt of copy of this order.

Registry is directed to place a copy of this order in each connected matters.

(A. J. DESAI, ACJ) (BIREN VAISHNAV, J) SAVARIYA Page 3 of 3 Downloaded on : Mon Mar 06 20:45:11 IST 2023