Parmar Budhalal Bhailalbhai vs The Competent Authority National ...
2021 Latest Caselaw 17618 Guj

     C/SCA/16903/2021                                      ORDER DATED: 23/11/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 16903 of 2021

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               PARMAR BUDHALAL BHAILALBHAI
                           Versus
 THE COMPETENT AUTHORITY NATIONAL HIGHWAY AUTHORITY OF
        INDIA AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR RASESH H PARIKH(3862) for the Petitioner(s) No. 1
MR.HEMANG H PARIKH(2628) for the Petitioner(s) No. 1
MR TIRTHRAJ PANDYA AGP for the Respondent(s) No. 1
MR DEVANG VYAS ASG for the Respondent No.3
MR MAULIK NANAVATI FOR NANAVATI & CO.(7105) for the Respondent
No. 2
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                  Date : 23/11/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK)

1. We have heard Mr.Hemang Parikh, learned advocate for the petitioner, Mr.Tirthraj Pandya, learned Assistant Government Pleader appearing for respondent no.1, Mr.Maulik G. Nanavati, learned counsel appearing for the respondent no.2 and Mr. Devang Vyas, learned Assistant Solicitor General for the respondent no.3.

2. At the outset, learned counsel for the petitioner has pressed this petition only for applicability of Factor-2 to be applied while finally calculating the award as the per compensation vide the judgment dated 12.09.2019 passed by a Division Bench of this Court in a group of Writ Petitions led by

C/SCA/16903/2021 ORDER DATED: 23/11/2021

Special Civil Application No.8734 of 2019. He has further specifically submitted that the benefit extended in Paragraphs 19, 20 and 21 of the said judgment may be extended and applied in the case of the present petitioner. In other matters, the earlier award needs to be revised and a fresh award needs to be given in the light of the judgment dated 12.09.2019 referred to above which has since been affirmed by the Hon'ble Supreme Court and now the State and National Highway Authority of India are complying the same subject to fulfillment of the conditions for getting the benefit of Factor-2. However, it is more or less admitted subject to verification by the respondent - NHAI that the petitioner is and would be entitled to the benefit of Factor-2. It goes without saying that the benefit would be extended so long as the petitioner is entitled to and eligible for the same, depending upon the location. We direct that the decision to redetermine the compensation be taken in light of the judgment dated 12.09.2019, wherein we have also fixed eight weeks' time to the competent authority to make the award and further we have granted 21 days time to the National Highway Authority of India to make necessary deposit so that the land owners may get the benefit at the earliest.

3. Learned counsel for the petitioner has also sought liberty that the petitioner, if determination of the rate of land by which the compensation is calculated, is not satisfied, he may have the liberty to avail the remedy available under the law for seeking enhancement. We make it clear that we are not curtailing any right of the petitioner available to him under law for claiming the highest compensation which he can get subject to availing the appropriate remedy in accordance to law and establishing his rights for higher compensation.

C/SCA/16903/2021 ORDER DATED: 23/11/2021

4. It has been pointed out by learned Assistant Government Pleader that the present petitioner has moved for redetermination of compensation before the Arbitrator under Section 3G(5) of the National Highways Act, 1956. It is thus submitted by learned Assistant Government Pleader as also learned advocate appearing for NHAI that before the Arbitrator, the petitioner may not insist for Factor-2 claim or in the alternative the respondents may be permitted to apprise the Arbitrator of the said issue so that there is no further multiplicity or complication in the proceedings. Learned counsel for the petitioner states that the petitioner would not insist for Factor-2 before the Arbitrator as he would be getting the benefits of Factor-2 under the present orders.

5. In view of the above, we dispose of this petition with a direction to the competent authority / Land Acquisition Officer under the National Highways Act, 1956 to give a fresh award in the above cases in the light of the judgment dated 12.09.2019 passed in Special Civil Application No.8734 of 2019 keeping in mind the directions contained in Paragraphs 19, 20 and 21 thereof within a period of four weeks from the date of production of certified copy of this order to the competent authority. We further direct that within 21 days from the date of award the National Highway Authority of India shall deposit the amount with the competent authority for disbursement to the petitioner.

(ARAVIND KUMAR,CJ)

(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL