Harnishbhai Kiritbhai Amin vs Competent Authority
2021 Latest Caselaw 3720 Guj

Citation : 2021 Latest Caselaw 3720 Guj
Judgement Date : 3 March, 2021

Gujarat High Court

Harnishbhai Kiritbhai Amin vs Competent Authority on 3 March, 2021

Bench: Sonia Gokani, Gita Gopi

               C/SCA/11530/2020                           ORDER




                IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                 R/SPECIALCIVILAPPLICATIONNO. 11530of 2020
                                  With
                 R/SPECIALCIVILAPPLICATIONNO. 12014of 2020
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                             HARNISHBHAIKIRITBHAIAMIN
                                      Versus
                               COMPETENTAUTHORITY
==============================================================================
Appearance:
MR. KSHITIJP VAKIL(7197)for the Petitioner(s)No. 1,2
NANAVATI& CO.(7105)for the Respondent(s)No. 3
NOTICENOTRECDBACK(3)for the Respondent(s)No. 4
NOTICESERVED(4)for the Respondent(s)No. 1,2
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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. The present petitioners seek the following prayers :-

(From Special Civil Application No.11530 of 2020)

"A. This Honourable Court may be pleased to admit and allow this petition; And

B. This Honourable Court may be further pleased to issue appropriate writ arid/or order and/or direction and quash and set aside the impugned award dated 05-09-2017 bearing no. L.A.Q. Vadodara-Mumbai Expressway/ Raika Compensation Case no. 08/2013 passed by the respondent no.1-Competent Authority and Special Land Acquisition Officer which is at ANNEXURE"A" only to the extent that the market value as determined under Section 26 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been

C/SCA/11530/2020 ORDER

multiplied with factor 1 (one) instead of 2 (two); And

C. This Honourable Court may be further pleased 'lto issue appropriate writ and/or order and/or direction and thereby direct the respondent no. 1Competent Authority and Special Land Acquisition Officer to amend/ modify/ reverse impugned award dated 05-09-2017 bearing no. L.A.Q. Vadodara-Mumbai Expressway / Raika Compensation Case No. 08/2013, and recompute the compensation amount payable to the petitioners qua their land by multiplying the market value as determined under Section 26 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Factor 2 (two) and applying all other statutory benefits as provided under the LARR Act 2013 including solatium under Section 30 (1), interest under Section 30 (3) and be further pleased to direct the respondents to pay the compensation so determined with interest within 6 months of the judgment; And

D. This Honourable may be further pleased to pass such other other order/s as may be deemed fit in the interest of justice."

2. We have heard the learned advocates on both the sides. It can be culled out that on the strength of the judgment of this Court rendered in Special Civil Application No.8734 of 2019, which has been confirmed by the Apex Court in Special Leave Petition (Civil) Diary No.18777 of 2020 dated 07.01.2021, the petitioners are seeking re-determination of the factor and the re-computation of compensation thereafter.

3. Considering the issues involved and for the purpose of re- determination of factor, the competent authority ;

(i) shall determine the nature of land acquired; and

(ii) shall also prepare the Draft Award based on the factor, as has been decided by this Court in Special Civil Application

C/SCA/11530/2020 ORDER

No.8734 of 2019 dated 07.01.2021.