Thakorbhai Amrabhai Aahir vs Competent Authority
2021 Latest Caselaw 3716 Guj

              C/SCA/18812/2019                            ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                R/SPECIALCIVILAPPLICATIONNO. 18812of 2019

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                            THAKORBHAIAMRABHAIAAHIR
                                     Versus
                              COMPETENTAUTHORITY
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Appearance:
MRAJ YAGNIK(1372)for the Petitioner(s)No. 1
for the Respondent(s)No. 1
ADVANCECOPYSERVEDTO GOVERNMENTPLEADER/PP(99)for the Respondent(s)No.
2
NANAVATI& CO.(7105)for the Respondent(s)No. 2
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 CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
        and
        HONOURABLE MS. JUSTICE GITA GOPI

                                 Date: 03/03/2021

                             ORALORDER

(PER: HONOURABLEMS. JUSTICESONIAGOKANI)

1. On 01.02.2021 this Court had passed the following order:-

"1. We are shared the copy of the Special Leave Petition (Civil) Diary No.18777 of 2020 arising from the final judgment and order dated 12.9.2019 in Special Civil Application No.8734 of 2019 and allied matters.

2. The Apex Court, on 7.1.2021, on condoning the delay, has chosen to dismiss nearly 60 Special Leave Petitions.

3. Learned advocate Mr. Anand Yagnik, submits that in wake of this order, the petitioners herein would be entitled to application of Factor 2.00 for the purpose of awarding compensation to the petitioners.

4. We have heard learned advocate Mr. Maulik Nanavati for the respondent No.2 - National Highway Authority of India and learned Assistant Government Pleader Mr. Jayneel Parikh for the

C/SCA/18812/2019 ORDER

respondent No.1.

5. Learned advocate Mr. Nanavati for the respondent No.2 has fairly agreed to bring on record the copies of initial notifications. He also shall share the same with the Competent Authority for the Court to know the nature of the land. Additionally, learned Government Pleader also shall make a statement on the strength of instructions she may receive from the Competent Authority and the concerned department. The same shall be placed on record on or before 18.2.2021.

6. The matters be posted on 18.2.2021. "

2. On inquiring from the learned Assistant Government Pleader Ms. Maithili Mehta, it appears that she has not received any instructions in the matter.

3. Let there be compliance of the order dated 01.02.2021 passed by this Court and it shall be declared by the learned Assistant Government Pleader by way of a purshis as to whether the area in question falls under the category of "rural" or "urban" area, as one of the aspects involved is regarding re-determination of the factor for the purpose of re-computation of the amount of compensation, after completing the exercise on or before 16.03.2021 and on serving advance copy to the other side.

4. List on 17.03.2021.

( SONIA GOKANI, J )

( GITA GOPI, J ) PRAVINKARUNAN