Rameshbhai Bhagwansinh vs The Competent Authority
2021 Latest Caselaw 12598 Guj

     C/SCA/12162/2021                                      ORDER DATED: 26/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 12162 of 2021
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 12164 of 2021
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 12166 of 2021
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 12167 of 2021
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 12168 of 2021
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                          RAMESHBHAI BHAGWANSINH
                                   Versus
                          THE COMPETENT AUTHORITY
==========================================================
Appearance:
MR SK PATEL(654) for the Petitioner(s) No. 1,2,3,3.1,3.2,4,5
for the Respondent(s) No. 1,2,3
==========================================================

    CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
          VIKRAM NATH
          and
          HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                 Date : 26/08/2021
                               COMMON ORAL ORDER

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

1 We have heard Mr. S.K.Patel, 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.

C/SCA/12162/2021 ORDER DATED: 26/08/2021

2 Learned counsels for the parties agreed 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.

4 It has been pointed out by Mr. Meet Thakkar,

learned Assistant Government Pleader that if the

C/SCA/12162/2021 ORDER DATED: 26/08/2021

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