Jagatsinh Shivabhai Gohil vs The Competent Authority
2021 Latest Caselaw 5749 Guj

      C/SCA/6441/2021                                   ORDER DATED: 09/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 6441 of 2021
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                         JAGATSINH SHIVABHAI GOHIL
                                   Versus
                         THE COMPETENT AUTHORITY
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Appearance:
MR YV VAGHELA(2450) for the Petitioner(s) No. 1
for the Respondent(s) No. 3
MS MANISHA LAVKUMAR,GOVERNMENT PLEADER WITH MS SHRUTI PATHAK,
AGP(99) for the Respondent(s) No. 1
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 : 09/06/2021
                            ORAL ORDER

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

1. We have heard Shri Y.V.Vaghela, learned counsel for the petitioner, Ms.Manisha Lavkumar, learned Government Pleader assisted by Ms.Shruti Pathak, 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 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

C/SCA/6441/2021 ORDER DATED: 09/06/2021

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 petitioner is entitled to Factor­2 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. 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