Padhiyar Narmadaben Ravjibhai vs Competent Authority And Special ...
2021 Latest Caselaw 10468 Guj

      C/SCA/10381/2021                                  ORDER DATED: 03/08/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 10381 of 2021
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            PADHIYAR NARMADABEN RAVJIBHAI
                        Versus
COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MS DIMPLE A THAKER(6838) for the Petitioner(s) No. 1,2,3
MS SHRUTI PATHAK AGP for the Respondent(s) No.1
MR MAULIK NANAVATI FOR NANAVATI & CO.(7105) for Respondent No. 2
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       VIKRAM NATH
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV
                   Date : 03/08/2021
                    ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

We have heard Ms.Dimple Thaker, 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 Shri Maulik Nanavati, learned counsel appearing for 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 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.

C/SCA/10381/2021 ORDER DATED: 03/08/2021

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 complication in the proceedings. Ms. Thaker, learned counsel for the petitioners states that the petitioners 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) KAUSHIK D. CHAUHAN