Padhiyar Kalidas Punjabhai vs The Competent Authority
2021 Latest Caselaw 6028 Guj

      C/SCA/7710/2021                                ORDER DATED: 15/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 7710 of 2021

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                         PADHIYAR KALIDAS PUNJABHAI
                                   Versus
                          THE COMPETENT AUTHORITY
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Appearance:
MR RASESH H PARIKH(3862) for the Petitioner(s) No. 1,2
MR.HEMANG H PARIKH(2628) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1,2,3
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    CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
          VIKRAM NATH
          and
          HONOURABLE MR. JUSTICE BIREN VAISHNAV

                               Date : 15/06/2021

                                ORAL ORDER

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

1 We have heard Shri Hemang Parikh,

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

C/SCA/7710/2021 ORDER DATED: 15/06/2021

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 Shri Maulik Nanavati, 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.

C/SCA/7710/2021 ORDER DATED: 15/06/2021

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) P. SUBRAHMANYAM