Gujarat High Court
Naishadh Vasantbhai Parmar vs The Competent Authority on 27 August, 2021
Bench: Mr. Justice Nath, Biren Vaishnav
C/SCA/12303/2021 ORDER DATED: 27/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12303 of 2021
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NAISHADH VASANTBHAI PARMAR
Versus
THE COMPETENT AUTHORITY
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Appearance:
M R BHATT & CO.(5953) for the Petitioner(s) No. 1
MUNJAAL M BHATT(8283) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
MS SS PATHAK, AGP (99) for the Respondent(s) No. 3
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
VIKRAM NATH
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 27/08/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
1. We have heard Mr. Munjall M. Bhatt, learned counsel for the
petitioner, Ms. S. S. Pathak, learned Assistant Government Pleader for
the State-respondents and Mr. Parth Shah, learned counsel appearing
for Mr. Maulik Nanavati, learned counsel for the respondent - National
Highway Authority of India.
2. Learned counsels for the parties agree that this is a matter
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
C/SCA/12303/2021 ORDER DATED: 27/08/2021
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. Mr. Shah, learned advocate appearing for Shri Maulik Nanavati,
learned counsel for the National Highway Authority of India states that
if it is found that the petitioner is entitled to Factor-2 being applied for
determination of his 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. Shruti Pathak, learned Assistant
Government Pleader that if the present petitioners have moved for
redetermination 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. Munjall M.
Bhatt, learned counsel for the petitioners states that the petitioners
would not insist for Factor-2 before the Arbitrator as they would be
C/SCA/12303/2021 ORDER DATED: 27/08/2021
getting the benefit of Factor-2 under the present orders.
5. In that view of the matter, we dispose of the present 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)
VATSAL S. KOTECHA
