Vishwabandhu Dahyabhai Patel vs State Of Gujarat
2021 Latest Caselaw 10618 Guj

       C/SCA/6933/2021                              ORDER DATED: 04/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 6933 of 2021

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                         VISHWABANDHU DAHYABHAI PATEL
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR SAURABH G AMIN(2168) for the Petitioner(s) No. 1,2,2.1,2.2,2.3,2.4,3
MR MEET THAKKAR, ASST GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1,2
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 3
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     CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
           VIKRAM NATH
           and
           HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                Date : 04/08/2021

                        ORAL ORDER

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

1. We have heard Mr. Saurabh Amin, learned counsel for the petitioners, Mr. Meet Thakkar, learned Assistant Government Pleader for respondents no. 1 and 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

C/SCA/6933/2021 ORDER DATED: 04/08/2021

SLP (Civil) Diary number being 18777 of 2020.

3. It has been pointed out by Mr. Meet Thakkar, 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, 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. Mr. Amin, 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. 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. 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) DIVYA