Jadav Ramanbhai Shankarbhai vs Competent Authority, National ...
2021 Latest Caselaw 10472 Guj

       C/SCA/10837/2021                                   ORDER DATED: 03/08/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 10837 of 2021

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              JADAV RAMANBHAI SHANKARBHAI
                          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
MS SHRUTI PATHAK, AGP for the Respondent(s) No. 1
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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)

1. We have heard Shri Y.V.Vaghela, learned counsel

for the petitioner, Ms.Shruti Pathak, learned Assistant

Government Pleader for respondent No.1 - Special Land

Acquisition Officer and Ms.Manvi Damle, 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

C/SCA/10837/2021 ORDER DATED: 03/08/2021

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.Manvi Damle, Advocate for Shri Maulik Nanavati,

learned counsel for the National Highway Authority of India

states that if it is found that the petitioner is entitled to Factor-

2 being applied for determination of his 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 the present petitioner has

moved for re-determination 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 for

Shri Nanavati appearing for NHAI that before the Arbitrator, the

petitioner 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. Shri Y.V.Vaghela, learned

C/SCA/10837/2021 ORDER DATED: 03/08/2021

counsel for the petitioner states that the petitioner would not

insist for Factor-2 before the Arbitrator as he 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) GAURAV J THAKER