Parmar Pravinsinh Fatehsinh vs Competent Authority And Special ...
2021 Latest Caselaw 12237 Guj

     C/SCA/11660/2021                                       ORDER DATED: 24/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 11660 of 2021

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              PARMAR PRAVINSINH FATEHSINH
                         Versus
 COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MS DIMPLE A THAKER(6838) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2,3
MS SHRUTI PATHAK, AGP for the Respondent(s) No. 1
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    CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
          VIKRAM NATH
          and
          HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                 Date : 24/08/2021

                                  ORAL ORDER

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

1 We have heard Ms. Dimple Thaker, learned

counsel for the petitioners, Ms. Shruti Pathak,

learned Assistant Government Pleader for respondent

- Special Land Acquisition Officer and Ms. Manvi

Damle, learned advocate for Mr. Maulik Nanavati,

learned counsel appearing for respondent - National

Highway Authority of India.

2 Learned counsels for the parties agree that

these matters are identically covered by an order of

C/SCA/11660/2021 ORDER DATED: 24/08/2021

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

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

C/SCA/11660/2021 ORDER DATED: 24/08/2021

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. Ms. Thaker, 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

this 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) P. SUBRAHMANYAM