Shah Rajesh Manibhai vs The Competent Authority
2021 Latest Caselaw 7114 Guj

     C/SCA/8850/2021                                     ORDER DATED: 28/06/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 8850 of 2021

                                With
             R/SPECIAL CIVIL APPLICATION NO. 8866 of 2021
                                With
             R/SPECIAL CIVIL APPLICATION NO. 8868 of 2021
                                With
             R/SPECIAL CIVIL APPLICATION NO. 8872 of 2021
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                           SHAH RAJESH MANIBHAI
                                  Versus
                         THE COMPETENT AUTHORITY
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Appearance:
MR YV VAGHELA(2450) for the Petitioner(s) No. 1,2
MS MANISHA L SHAH, GOVERNMENT PLEADER WITH MS NISHA
THAKORE, AGP for the Respondent(s) No. 1,3
MS MANVI DAMLE, ADVOCATE 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 : 28/06/2021

                        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. Manisha L Shah, learned Government Pleader assisted by Ms.Nisha Thakore, learned Assistant Government Pleader for respondent No.1 - Special Land Acquisition Officer and Ms. Manvi Damle, 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

C/SCA/8850/2021 ORDER DATED: 28/06/2021

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 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. Ms. Manvi Damle, 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 his 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 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) DIVYA