Lh Of Shantilal Nathabhai Dodiya vs The Competent Authority
2021 Latest Caselaw 5647 Guj

      C/SCA/6229/2021                                      ORDER DATED: 08/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 6229 of 2021
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                        LH OF SHANTILAL NATHABHAI DODIYA
                                      Versus
                            THE COMPETENT AUTHORITY
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Appearance:
MR YV VAGHELA(2450) for the Petitioner(s) No. 1,1.1,1.2,1.3,1.4,1.4.1, 1.4.2, 1.5,
1.5.1,1.5.2,1.5.3,1.5.4,1.6,1.6.1,1.6.2
for the Respondent(s) No. 1
MS NISHA THAKORE, ASST.GOVERNMENT PLEADER for Respondent No. 3
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 : 08/06/2021
                            ORAL ORDER

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

1. We have heard Shri Y.V.Vaghela, learned

counsel for the petitioners, Ms. Nisha Thakore,

learned Assistant Government Pleader for respondent

No.1 - Special Land Acquisition Officer and Shri

Maulik Nanavati, learned counsel appearing for

respondent Nos.2 and 3.

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

C/SCA/6229/2021 ORDER DATED: 08/06/2021

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. Shri Maulik Nanavati, learned counsel for

the National Highway Authority of India states that

if it is found that the petitioners are entitled to

Factor­2 being applied for determination of their

compensation and other benefits, the National Highway

Authority of India would make the deposit within 15

days of such determination.

4. 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) GAURAV J THAKER