Patel Daxesh Bhanubhai vs Competent Authority, National ...
2021 Latest Caselaw 6976 Guj

      C/SCA/8422/2021                            ORDER DATED: 25/06/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 8422 of 2021
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 8423 of 2021
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 8425 of 2021
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                PATEL DAXESH BHANUBHAI
                          Versus
 COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA
          AND SPECIAL LAND ACQUISITION OFFICER
==========================================================
Appearance:
KEWAL J SHAH(9579) for the Petitioner(s)
MS NISHA THAKORE, AGP for the Respondent(s) No. 1
MR MAULIK NANAVATI FOR Respondent 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

                         COMMON ORAL ORDER

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

1. We have heard Shri Kewal Shah, 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 No.2.

2. Learned counsels for the parties agree that these are matters 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

C/SCA/8422/2021 ORDER DATED: 25/06/2021

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 present petitions 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