Gujarat High Court
Amin Bhupendrabhai Ambalal vs State Of Gujarat on 24 August, 2021
Bench: Biren Vaishnav
C/SCA/6328/2021 ORDER DATED: 24/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6328 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6329 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6330 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6331 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6332 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6333 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6334 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6335 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6338 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6340 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6343 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6344 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6345 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6346 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 6347 of 2021
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AMIN BHUPENDRABHAI AMBALAL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR TRILOK J PATEL(658) for the Petitioner(s) No. 1
MR HARDIK K CHOKSI(9964) for the Petitioner(s) No. 1
MS MANVI DAMLE for MR MAULIK NANAVATI for NANAVATI & CO.(7105)
for the Respondent(s) No. 2
MR MEET THAKKAR, AGP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
VIKRAM NATH
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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C/SCA/6328/2021 ORDER DATED: 24/08/2021
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, Mr. Meet Thakkar,
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
determination.
C/SCA/6328/2021 ORDER DATED: 24/08/2021
4 It has been pointed out by Mr. Meet
Thakkar, 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.
(VIKRAM NATH, CJ)
(BIREN VAISHNAV, J)
P. SUBRAHMANYAM
