Parmar Narendrasinh Charasinh vs Competent Authority, National ...
2021 Latest Caselaw 11218 Guj

    C/SCA/10123/2021                               ORDER DATED: 09/08/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 10123 of 2021

                                With
            R/SPECIAL CIVIL APPLICATION NO. 10125 of 2021
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            PARMAR NARENDRASINH CHARASINH
                          Versus
COMPETENT AUTHORITY, NATIONAL HIGHWAY OF INDIA AND SPECIAL
               LAND ACQUISITION OFFICER
==========================================================
Appearance:
PANKEET P AUNDHIYA(9421) for the Petitioner(s) No. 1
MS. SHRUTI PATHAK, AGP, for the Respondent(s) No. 1
MR. MAULIK NANAVATI, ADVOCATE FOR NANAVATI & CO.(7105) for the
Respondent(s) No. 2
==========================================================

 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.Pankeet Aundhiya, learned counsel for the

petitioners, Ms. Shruti Pathak, 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

C/SCA/10123/2021 ORDER DATED: 09/08/2021

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 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 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, 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.Pankeet Aundhiya,

learned counsel for the petitioners states that the petitioners would not

insist for Factor-2 before the Arbitrator as they would be getting the

C/SCA/10123/2021 ORDER DATED: 09/08/2021

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