Gujarat High Court
Shardaben Amarsinh Parmar (Since ... vs The Competent Authority on 24 August, 2021
Bench: Mr. Justice Nath, Biren Vaishnav
C/SCA/11760/2021 ORDER DATED: 24/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11760 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 10113 of 2021
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SHARDABEN AMARSINH PARMAR (SINCE EXPIRED) THROUGH LHS
SURENDRASINH AMARSINH PARMAR
Versus
THE COMPETENT AUTHORITY
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Appearance:
MR KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1
for the Respondent(s) No. 3
MS SHRUTI PATHAK, AGP for the Respondent(s) No. 1
MS MANVI DAMLE for MR MAULIK NANAVATI for NANAVATI & CO.(7105)
for the Respondent(s) No. 2
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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 Draft amendment in Special Civil
Application No.10113 of 2021 is allowed. Necessary
incorporation be made forthwith.
2 We have heard Mr. Krishnan Ghavariya,
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 -
C/SCA/11760/2021 ORDER DATED: 24/08/2021
National Highway Authority of India.
3 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.
4 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/11760/2021 ORDER DATED: 24/08/2021
5 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. Ghavariya, 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.
6 In that view of the matter, we dispose of
both the 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
