Gohil Ganiben Udesinh W/O ... vs Competent Authority, National ...
2021 Latest Caselaw 10624 Guj

    C/SCA/10869/2021                               ORDER DATED: 04/08/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 10869 of 2021

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           GOHIL GANIBEN UDESINH W/O AMARSINH
                          Versus
 COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA
          AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1,2,3,4,5
MR. MEET THAKKAR, AGP, 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 : 04/08/2021

                        ORAL ORDER

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

1 Draft amendment is allowed. We have heard Mr.Krishnan Ghavariya,

learned counsel for the petitioners, Mr.Meet Thakkar, 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

Special Civil Application No.5913 of 2021. The said order of the

C/SCA/10869/2021 ORDER DATED: 04/08/2021

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 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. It is thus submitted by

Mr.Thakkar, 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. Mr.Ghavariya, learned counsel for the

C/SCA/10869/2021 ORDER DATED: 04/08/2021

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