Mariam Ibrahim Hajivali Ahamad vs Competent Authority National ...
2021 Latest Caselaw 12805 Guj

       C/SCA/12235/2021                           ORDER DATED: 27/08/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 12235 of 2021

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             MARIAM IBRAHIM HAJIVALI AHAMAD
                         Versus
 COMPETENT AUTHORITY NATIONAL HIGHWAY AUTHORITY OF INDIA
            AND DEPUTY COLLECTOR, BHARUCH
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Appearance:
MR AJ YAGNIK(1372) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MS SS PATHAK, AGP (99) for the Respondent(s) No. 1
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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)

Date : 27/08/2021

ORAL ORDER

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

1. We have heard Mr. Bhavyaraj Gohil, learned advocate appearing

for Shri A.J.Yagnik, learned counsel for the petitioner, Ms. S.S. Pathak,

learned Assistant Government Pleader for the State-respondents and

Mr.Parth Shah, learned advocate for Shri Maulik Nanavati, learned

counsel appearing for the respondent - National Highway Authority of

India.

C/SCA/12235/2021 ORDER DATED: 27/08/2021

2. At the outset, Mr. Gohil has made pressing of this petition only for

applicability of Factor-2 to be applied while finally calculating the award

as the per compensation vide the judgment dated 12.09.2019 passed by a

Division Bench of this Court in a group of writ petitions led by Special

Civil Application No.8734 of 2019. He has further specifically submitted

that the benefit extended in paragraphs 19, 20 and 21 of the said judgment

may be extended and applied in the case of the present petitioners. In

other matters, the earlier award needs to be revised and a fresh award

needs to be given in the light of the judgment dated 12.09.2019 referred

to above which has since been affirmed by the Supreme Court and now

the State and National Highway Authority of India are complying the

same subject to fulfillment of the conditions for getting the benefit of

Factor-2. However, it is more or less admitted subject to verification, by

the respondent - NHAI that the petitioners are and would be entitled to

the benefit of Factor-2. It goes without saying that the benefit would be

extended so long as the petitioners are entitled and eligible to the same

depending number upon of competent the orders location have authority

to of their been passed take a fresh land. Large directing the decision

redetermining the compensation in light of the judgment dated

12.09.2019 and we have also fixed eight weeks' time to the competent

authority to make the award and further we have granted 21 days time to

the National Highway Authority of India to make necessary deposit so

C/SCA/12235/2021 ORDER DATED: 27/08/2021

that the land owners may get the benefit at the earliest.

3. Mr. Bhavyaraj has also sought liberty that the petitioners if

determination of rate of land are by which the compensation is calculated

are not satisfied they may have the liberty to avail the remedy available

under the law for seeking enhancement. We make it clear that we are not

curtailing any right of the petitioner available to them under law for

claiming the highest compensation which they can get subject to availing

the appropriate remedy in accordance to law and establishing their rights

for higher compensation.

4. It has been pointed out by Ms. Pathak , learned Assistant

Government Pleader that the present petitioners have moved for re-

determination of compensation before the Arbitrator under Section 3G(5)

of the National Highways Act, 1956. It is thus submitted by Ms. Pathak

as also Mr. Shah appearing for NHAI that before the Arbitrator, the

petitioner 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. Gohil , learned counsel for the petitioner states that the petitioner

would not insist for Factor-2 before the Arbitrator as they would be

getting the benefit of Factor-2 under the present orders.

C/SCA/12235/2021 ORDER DATED: 27/08/2021

5. In view of the above, we dispose of this petition with a direction to

the competent authority / Land Acquisition Officer under the National

Highways Act, 1956 to give a fresh award in the above cases in the light

of the judgment dated 12.09.2019 passed in Special Civil Application

No.8734 of 2019 keeping in mind the directions contained in paragraphs

19, 20 and 21 thereof within a period of eight weeks from the date of

production of certified copy of this order to the competent authority. We

further direct that within 21 days from the date of award the National

Highway Authority of India shall deposit the amount with the competent

authority for disbursement to the petitioner.

(VIKRAM NATH, CJ)

(BIREN VAISHNAV, J) VATSAL S. KOTECHA