Desai Vipinchandra Manilal vs Competent Authority, National ...
2021 Latest Caselaw 12268 Guj

      C/SCA/11658/2021                                   ORDER DATED: 24/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 11658 of 2021
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 11758 of 2021
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                 DESAI VIPINCHANDRA MANILAL
                            Versus
     COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY AND
              SPECIAL LAND ACQUISITION OFFICER
==========================================================
Appearance:
MR KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1
 for the Respondent(s) No. 1,3
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 We have heard Mr. Krishnan Ghavariya,

learned counsel for the petitioners, Mr. Meet

Thakkar, 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

C/SCA/11658/2021 ORDER DATED: 24/08/2021

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.

4 It has been pointed out by Mr. Meet

Thakkar, learned Assistant Government Pleader that if

the present petitioners have moved for re-

C/SCA/11658/2021 ORDER DATED: 24/08/2021

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.

5 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