Sanjaykumar Thakorbhai Naik vs Competent Authority
2021 Latest Caselaw 6762 Guj

     C/SCA/18810/2019                                 ORDER DATED: 23/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 18810 of 2019
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 3032 of 2020
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 4678 of 2021
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 4713 of 2021
                                 With
            R/SPECIAL CIVIL APPLICATION NO. 18813 of 2019
                                 With
           CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021
           In R/SPECIAL CIVIL APPLICATION NO. 18813 of 2019
                                 With
            R/SPECIAL CIVIL APPLICATION NO. 18812 of 2019
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 6880 of 2021

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                        JAGDISHSINH DILIPSINH PARMAR
                                   Versus
                           COMPETENT AUTHORITY
==========================================================
Appearance:
MR AJ YAGNIK(1372) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,4,5,6,7,8,9
 for the Respondent(s) No. 1
MS MANISHA LAVKUMAR, GOVERNMENT PLEADER with MS
AISHVARYA GUPTA, AGP for the Respondent(s) No. 2
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 : 23/06/2021

                               COMMON ORAL ORDER

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

1 We have heard Mr. A.J.Yagnik, learned

C/SCA/18810/2019 ORDER DATED: 23/06/2021

counsel for the petitioners, Ms. Manisha Lavkumar, learned Government Pleader assisted by Ms. Aishvarya Gupta, learned Assistant Government Pleader for the State respondents and Mr. Maulik Nanavati, learned counsel appearing for the respondent - National Highway Authority of India.

2             At       the    outset,          Mr.         Yagnik       has       made         a
statement        that        at     present           he    is     pressing            these

petitions only for applicability of Factor-2 to be applied while calculating the compensation and finalizing the award as per 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. It may be noted that in some of the cases the earlier award given has been set aside by this Court in writ petitions with a direction for re- determination of compensation and for passing a fresh order. 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. It may also be noted here that in some

C/SCA/18810/2019 ORDER DATED: 23/06/2021

of the matters pursuant to interim order passed by this Court a draft award has also been prepared and placed on record. However, it is more or less admitted subject to verification, by the respondent counsel 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 upon the location of their land. Large number of orders have been passed directing the competent authority to take a fresh decision re- determining 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 that the land owners may get the benefit at the earliest.

3 Mr. Yagnik has also sought liberty that the petitioners if they are aggrieved by the determination of the rate of land at 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 petitioners 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

C/SCA/18810/2019 ORDER DATED: 23/06/2021

compensation.

4 In view of the above, we dispose of all these seven petitions with a direction to the competent authority / Land Acquisition Officer under the National Highways Act, 1956 to give a fresh award in all 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 the certified copy of this order is filed by the petitioners before 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 petitioners. Connected Civil Application also stands disposed off.

(VIKRAM NATH, CJ)

(BIREN VAISHNAV, J) P. SUBRAHMANYAM