Laljibhai Bhavanbhai vs State Of Gujarat
2021 Latest Caselaw 17437 Guj

     C/SCA/203/2020                            ORDER DATED: 18/11/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 203 of 2020

                                 With

              R/SPECIAL CIVIL APPLICATION NO. 215 of 2020
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                        LALJIBHAI BHAVANBHAI
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
MR GM AMIN(124) for the Petitioner(s) No.
1,10,11,12,13,14,15,2,3,4,5,6,7,8,9
MS SHALU P RAVAL(9847) for the Petitioner(s) No. 1
MR TIRTHRAJ PANDYA, AGP (99) for the Respondent(s) No. 1
MR TIRTHRAJ PANDYA, AGP (4) for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                           Date : 18/11/2021

                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

ORDER IN SPECIAL CIVIL APPLICATION NO.215 OF 2020

Mr. G.M.Amin, learned counsel appearing for the petitioners

would submit that petitioners have started receiving the

compensation. As such, the prayer sought for in Special Civil

Application No.215 of 2020 does not survive for consideration.

Accordingly, Special Civil Application No.215 of 2020 stands

dismissed.

C/SCA/203/2020 ORDER DATED: 18/11/2021

ORDER IN SPECIAL CIVIL APPLICATION NO.203 OF 2020

1. We have heard Mr. G.M. Amin, learned counsel for the

petitioners and Mr. Tirthraj Pandya, learned Assistant

Government Pleader for respondents.

2. By this petition under Article 226 of the Constitution of

India, petitioners have sought for the following reliefs:

"(A)This Hon'ble Court may be pleased to admit this petition.

(B) This Hon'ble Court may be pleased to issue an appropriate Writ of Mandamus or any other Writ in the nature of mandamus directing respondents to declare supplementary award by giving multiplier 2 to the petitioner's land and grant additional compensation with running interest at the rate of 18%.

(C) Be pleased to grant exemplary cost from the respondents.

(D) This Hon'ble Court may be pleased to grant any such and further orders as may be deemed just and proper."

3. It is the contention of learned counsel appearing for the

petitioners that petitioners are owners and occupants of

C/SCA/203/2020 ORDER DATED: 18/11/2021

agricultural land bearing Survey Nos.19/3, 429, 40/1, 428, 427,

468 & 495, 469, 87, 24, 17, 1(1/1)(1/2), 444, 441, 418 as

mentioned at Annexure-A to the petition which is situated at Moti

Baru of Dholka Taluka, District Ahmedabad, which came to be

notified for acquisition by respondent No. 2 for the public

purpose namely for construction of road from Sarkhej-Dholka-

Vataman-Bhavnagar and petitioners were cultivating the said

land and were dependent upon the same for their livelihood. It is

further contended that said land is situated in a rural area falling

within the limits of Moti Baru of Dholka Taluka and it does not fall

under limits of any transitional area Smaller Urban Area or Larger

Urban Area as defined under Article 243Q (2) and if not part of

any area falling within the limits of any Urban Local Body. Hence,

they have prayed for suitable compensation being awarded to

them.

4. At this juncture, learned counsels appearing for the

respective parties submitted that the issue involved in this

petition is identical to the issue decided by the Coordinate Bench

of this Court in case of Shah Rajesh Manibhai vs. National

Highway Authority of India rendered in Special Civil

C/SCA/203/2020 ORDER DATED: 18/11/2021

Application No.5913 of 2021 dated 23.04.2021. The said

order 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 in

Special Leave Petition (Civil) Diary No. being 18777 of 2020. It is

also submitted that the issue in the present case is identical to

the case of Dilipbhai Ganpatbhai Parmar vs. Competent

Authority rendered in Special Civil Application No.12140 of

2021 dated 27.08.2021. It was, therefore, submitted that this

Petition may also be disposed of, following the order passed in

Special Civil Application No.5913 of 2021 dated 23.04.2021.

5. Learned counsel for Respondent No. 2 further submitted

that as in the other cases if it is found that the petitioners are

entitled to Factor-"2" being applied for determination of

compensation and other benefits, respondent No.2 - Authority

shall make deposit within four weeks of such determination.

6. Thus, following the decision of the Coordinate Bench

rendered in Special Civil Application No.5913 of 2021 dated

C/SCA/203/2020 ORDER DATED: 18/11/2021

23.04.2021, the present Petition is disposed of with the same

directions and terms as contained in the order dated 23.04.2021

passed in Special Civil Application No.5913 of 2021.

7. However, it is clarified that if the petitioners have moved

for redetermination of compensation before the Arbitrator under

Section 3G (5) of the National Highways Act, 1956, the

petitioners may not insist for Factor-"2" claim or in the

alternative the respondents may be permitted to appraise the

Arbitrator of the said issue, so that there is no further multiplicity

or complications in the proceedings.

8. The present Petition, therefore, stands disposed of

accordingly. There shall be no order as to costs.

(ARAVIND KUMAR,CJ)

(HEMANT M. PRACHCHHAK,J) RADHAKRISHNAN K.V.