Gujarat High Court
Amin Jyotindrakumar Nandubhai vs State Of Gujarat on 24 August, 2021
Bench: Biren Vaishnav
C/SCA/6225/2021 ORDER DATED: 24/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6225 of 2021
With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 6225 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6304 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6305 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6306 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6307 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6309 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6310 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6311 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6313 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6315 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6320 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6322 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6324 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6326 of 2021
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AMIN JYOTINDRAKUMAR NANDUBHAI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR JITENDRA M PATEL(620) for the Petitioner(s) No. 1
MR TRILOK J PATEL(658) for the Petitioner(s) No. 1
MS MANVI DAMLE for MR MAULIK NANAVATI for NANAVATI & CO.(7105)
for the Respondent(s) No. 2
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 3
MS SHRUTI PATHAK, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
VIKRAM NATH
and
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C/SCA/6225/2021 ORDER DATED: 24/08/2021
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 24/08/2021
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
1 We have heard Mr. Trilok Patel, learned
counsel for the petitioners, Ms. Shruti Pathak,
learned AGP for the State respondents and Ms. Manvi
Damle, learned advocate for Mr. Maulik Nanavati,
learned counsel appearing for the respondent -
National Highway Authority of India.
2 Learned counsels for the parties agree that
these matters are 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 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
C/SCA/6225/2021 ORDER DATED: 24/08/2021
determination.
4 It has been pointed out by Ms. Pathak,
learned Assistant Government Pleader that if the
present petitioners have moved for re-determination
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. Patel, 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.
5 In that view of the matter, we dispose of
all the present petitions 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.
Connected Civil Application also stands disposed off.
(VIKRAM NATH, CJ)
(BIREN VAISHNAV, J)
P. SUBRAHMANYAM
