Gohil Hathisinh Udesinh vs The Competent Authority, ...
2021 Latest Caselaw 6364 Guj

    C/SCA/6977/2021                           ORDER DATED: 18/06/2021



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 6977 of 2021
                                With
            R/SPECIAL CIVIL APPLICATION NO. 6994 of 2021
                                With
            R/SPECIAL CIVIL APPLICATION NO. 6995 of 2021
==========================================================
                  GOHIL HATHISINH UDESINH
                           Versus
 THE COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF
        INDIA AND SPECIAL LAND ACQUISITION OFFICER
==========================================================
Appearance:
MR YV VAGHELA(2450) for the Petitioner(s) No. 1
MS.SHRUTI PATHAK, LD. AGP for the Respondent(s) No. 1
MR.MAULIK NANAVATI, ADVOCATE for NANAVATI & CO.(7105) for the
Respondent(s) No. 2 and 3
==========================================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       VIKRAM NATH
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                          Date : 18/06/2021

                    COMMON 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. 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.

C/SCA/6977/2021 ORDER DATED: 18/06/2021

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.

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) ANKIT SHAH