Thakorbhai Ambalal Chauhan vs The Competent Authority
2021 Latest Caselaw 6970 Guj

     C/SCA/8826/2021                             ORDER DATED: 25/06/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 8826 of 2021

==========================================================
                       THAKORBHAI AMBALAL CHAUHAN
                                  Versus
                         THE COMPETENT AUTHORITY
==========================================================
Appearance:
MR.SHALIN MEHTA, LD. SENIOR ADVOCATE with ADITI S RAOL with
ARJUN R SHETH(7589) for the Petitioner(s) No. 1,2
MS NISHA THAKORE, AGP for the Respondent(s) No. 1, 4
MR MAULIK NANAVATI FOR Respondent No.2
for the Respondent(s) No. 3
==========================================================

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

                             Date : 25/06/2021

                        ORAL ORDER

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

1. We have heard Shri Shalin Mehta learned Senior Counsel with Ms.Aditi Raol with Mr.Arjun Sheth, learned advocates 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 No.2.

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 by Special Civil Application No.8734 of 2019 which has since

C/SCA/8826/2021 ORDER DATED: 25/06/2021

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