Patel Kanchanben Vanmalibhai vs Competent Authority
2021 Latest Caselaw 11216 Guj

    C/SCA/10803/2021                               ORDER DATED: 09/08/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 10803 of 2021

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                       PATEL KANCHANBEN VANMALIBHAI
                                  Versus
                           COMPETENT AUTHORITY
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Appearance:
MR. KSHITIJ P VAKIL(7197) for the Petitioner(s) No. 1
 for the Respondent(s) No. 1,4
MR. MEET THAKKAR, ASSISTANT GOVERNMENT PLEADER/PP(99) for
the Respondent(s) No. 2
MR. MAULIK NANAVATI, ADVOCATE FOR NANAVATI & CO.(7105) 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 : 09/08/2021

                        ORAL ORDER

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

1 We have heard Mr.Kshitij Vakil, learned counsel for the petitioner,

Mr.Meet Thakkar, learned Assistant Government Pleader for respondent

No.1 - Special Land Acquisition Officer and 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

C/SCA/10803/2021 ORDER DATED: 09/08/2021

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 Mr.Maulik Nanavati, 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, 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.Kshitij Vakil, learned

counsel for the 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.

C/SCA/10803/2021 ORDER DATED: 09/08/2021

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