Gujarat High Court
Shivrajkunver Surendrakumar ... vs Competent Authority on 29 November, 2021
Bench: Ashutosh J. Shastri
C/SCA/17395/2021 ORDER DATED: 29/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17395 of 2021
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SHIVRAJKUNVER SURENDRAKUMAR JADEJA
Versus
COMPETENT AUTHORITY
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Appearance:
MR. SHALIN MEHTA, SENIOR ADVOCATE WITH ADITI S RAOL(8128) for
the Petitioner(s) No. 1
for the Respondent(s) No. 1,3
MR. K.M. ANTANI, AGP, ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP(99) for the Respondent(s) No. 4
NANAVATI & CO.(7105) for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 29/11/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR)
1. We have heard Mr. Shalin Mehta, learned Senior
Advocate for the Petitioner, Mr. K.M.Antani, learned Assistant
Government Pleader for Respondent No.1, Mr. Maulik
Nanavati, learned counsel for Respondent No.2 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 any
other writ, order or direction and thereby be pleased to
direct the respondent No. 1 to amend/modify/revise the
C/SCA/17395/2021 ORDER DATED: 29/11/2021
award dated 05.09.2017 bearing No. LAQ. Vadodara-
Mumbai Express Way / Samiyala Compensation Case No.
20/2013 and re-compute the compensation qua the lands
of the petitioner 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 @ 9% for the first year and
15% per annum for subsequent years till date of realisation
within 6 weeks of the Judgment;
(B) Pending admission, hearing and final disposal of
this petition, Your Lordships may be pleased to restrain the
respondents from using, altering, making any construction
of any kind on the land of the petitioner;
(C) Any other and further releases may be deemed
just and proper in the facts and circumstances of the case
may please be granted."
3. It is the contention of learned counsel appearing for the
petitioner that the petitioner is the owner and occupant of
agricultural land admeasuring 21639 Ha. Ra. Sq. Mtr. bearing
Survey No. 464 within the ceiling limit prescribed in village
Samiyala, Taluka : Vadodara (Rural), District Vadodara and he
is tilling the said land and was dependent upon the same for
his livelihood. It is further contended that said land is situated
in a rural area falling within the limits of Gram Panchayat of
village Samiyala and does not fall under limits of any
transitional area, Smaller Urban Area or Larger Urban Area as
defined 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.
4. At this juncture, learned counsels appearing for the
respective parties submitted that the issue involved in this
C/SCA/17395/2021 ORDER DATED: 29/11/2021
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.
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.
C/SCA/17395/2021 ORDER DATED: 29/11/2021
7. However, it is clarified that if the Petitioner has moved
for redetermination 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)
AMAR SINGH
