Gujarat High Court
Parmar Balwantsinh Gulabsinh vs Competent Authority, National ... on 25 November, 2021
Bench: Ashutosh J. Shastri
C/SCA/17302/2021 ORDER DATED: 25/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17302 of 2021
==========================================================
PARMAR BALWANTSINH GULABSINH
Versus
COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA
AND SPECIAL LAND ACQUISITION OFFICER
==========================================================
Appearance:
MR. SHIVAM N THAKKAR(10024) for the Petitioner(s) No. 1
PANKEET P AUNDHIYA(9421) for the Petitioner(s) No. 1
MR TIRTHRAJ PANDYA ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR MAULIK NANAVATI for the Respondent(s) No. 2
MR DEVANG VYAS for the Respndent(s) No. 3
==========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 25/11/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. We have heard Mr. Pankeet Aundhiya, learned advocate for the
petitioner, Mr. Tirthraj Pandya, learned Assistant Government Pleader
for respondent No.1, Maulik Nanavati, learned counsel for respondent
No.2 (National Highway Authority of India), and Mr. Devang Vyas,
learned Assistant Solicitor General for respondent No.3.
2. By this Petition under Article 226 of the Constitution of India, the
petitioner has prayed for the following reliefs:
"(A) Your Lordships may be pleased to issue a writ of mandamus or
a writ in the nature of mandamus or a writ of certiorari or a writ in
the nature of certiorari or any other appropriate writ, direction or
order and be pleased to direct the respondent no. 1 to amend/modify/
revise the award dated 05.09.2017 bearing No. LAQ. Vadodara-
Mumbai Express Way/Sherkhi Compensation Case No. 13/2013 and
C/SCA/17302/2021 ORDER DATED: 25/11/2021
re-compute the compensation qua the lands of the petitioners by
multiplying the market value as determined under Section 26(1) of
the LARR, 2013 Act with a Factor of 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 same, with interest
from 05.09.2017 (date of award) @ 9% for the first year and 15%
per annum for subsequent years till date of realisation within 6 weeks
of the Judgement;
(B) Pending admission, hearing and final disposal of the petition,
your Lordships may be pleased to restrain the respondents from
using, altering, making any construction of any kind on the land of
the petitioners;
(C) Any other and further relief deemed just and proper be granted
in the interest of justice;
(D) To provide for the cost of this petition."
3. It is the submission of Mr. Pankeet Aundhiya, learned advocate
appearing for the petitioner that petitioner is an agriculturist and is holding
total agricultural land admeasuring 6308 HA.RA.Mtrs, bearing Survey
No.387/1, within the ceiling limit prescribed in village Sherkhi, Taluka :
Vadodara Rural, District: Vadodara. The said land is under cultivation and
the petitioner is totally dependent upon it for his livelihood. The land in
question according to learned advocate Mr. Aundhiya is not falling within
the limits of any 'transitional area, smaller urban area or larger urban area'
as defined and specified under Article 243Q (2) and is not part of any area
falling within the limits of any Urban Local body or Municipality or
Municipal Corporation and as such, the land in not covered under any
urban area. According to learned advocate Mr. Aundhiya, the major
economic activity is agriculture and there are no significant non-
agriculture activity in the village or surrounding area and the village limits
of Vadodara Urban Development Authority, however, no T.P. Scheme is
proposed in the area and the land is still in agriculture zone. It is
contended that by virtue of Notification dated 03.03.2014, issued by the
C/SCA/17302/2021 ORDER DATED: 25/11/2021
Government of India in exercise of power under Section 3A of the
National Highways Act, 1956 the land of the petitioner was undertaken
for acquisition for the purpose of construction of Vadodara-Mumbai
Express way and by virtue of further Notification under Section 3D,
published on 05.03.3015, the land vested in respondent no. 3. It is
contended that for the purpose of compensation, the competent authority
passed an award on 05.09.2017 bearing No. LAQ/Vadodara-Mumbai
Express Way/Sherkhi Compensation Case No. 13/2013 and the market
value of the acquired land was arrived at INR 3,69,08,214/- and though
the acquired land is situated in rural area, the authority i.e. respondent
No.2 applied factor 1 and not factor 2. Hence, the present petition. The
main grievance raised in the petition is that erroneously respondent no. 2
authority applied factor 1 instead of factor 2.
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 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. No other submissions were made.
C/SCA/17302/2021 ORDER DATED: 25/11/2021
5. Learned counsel for respondent No.2 - NHAI, further submitted
that as in the other cases if it is found that the petitioner is entitled to
Factor-"2" being applied for determination of compensation and other
benefits, respondent No.2 - Authority shall make deposit within 21 days
of such determination.
6. Thus, following the decision of the Coordinate Bench rendered in
Special Civil Application No.5913 of 2021 dated 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 petitioner has moved for re-
determination of compensation before the Arbitrator under Section 3G (5)
of the National Highways Act, 1956, the petitioner 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)
(ASHUTOSH J. SHASTRI, J)
phalguni
