Narvatbhai Chhotabhai Parmar vs Competent Authority, National ...
2021 Latest Caselaw 6973 Guj

     C/SCA/8183/2021                               ORDER DATED: 25/06/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 8183 of 2021

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             NARVATBHAI CHHOTABHAI PARMAR
                          Versus
 COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA
          AND SPECIAL LAND ACQUISITION OFFICER
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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
MS.AISHWARYA GUPTA, AGP for the Respondent(s) No. 1
MR.MAULIK NANAVATI, ADVOCATE for the Respondent(s) No. 2
for the Respondent(s) No.3
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 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 Hemang Parikh, learned counsel for the petitioners, Ms.Aishvarya Gupta, 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/8183/2021 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