Parmar Virendrasinh ... vs Competent Authority
2021 Latest Caselaw 17892 Guj

     C/SCA/17499/2021                               ORDER DATED: 30/11/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 17499 of 2021

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                   PARMAR VIRENDRASINH JITENDRASINH
                                Versus
                        COMPETENT AUTHORITY
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Appearance:
MR SK PATEL(654) for the Petitioner(s) No. 1,10,11,2,3,4,5,6,7,8,9
for the Respondent(s) No. 2,3
MR KM ANTANI, AGP for respondent No.1-State
MR MAULIK NANAVATI for respondent No.2
MR. DEVANG VYAS, ASG for respondent No.3
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                             Date : 30/11/2021

                        ORAL ORDER

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

1. We have heard Mr. S.K.Patel, learned counsel for the

petitioners, 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 petitioners have prayed for the following reliefs:

"(A) Admit this petition;

C/SCA/17499/2021 ORDER DATED: 30/11/2021

(B) To issue a writ of mandamus or any other writ, order or direction and thereby be pleased to direct the respondent number 1 to amend/modify/revise the award dated 05/09/2017 bearing no.L.A.Q.Vadodara-Mumbai Express Way/Sherkhi Compensation Case No.13/2013 and re-compute the compensation qua the land of the petitioners by applying multiplier factor "2" for multiplying the market value as determined under section 26(1) of the LARR Act, 2013 including the solatium under S.30(1), interest under S.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 realization within 6 weeks of the judgment:

(C) 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;

(D) Grant such other and further relief(s) in the facts and circumstances of the present petition as deemed fit in the interest of justice."

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

petitioners that the petitioners the owners and occupants of

agricultural land bearing Survey/Block No.371(168/2)

admeasuring 0-06-07 Hectare-Are-Sq.mtrs. i.e. 607 sq.mtrs.

situated in the sim of Village: Sherkhi, Taluka : Vadodara(Rural),

District : Vadodara, which was notified for acquisition by

respondent No. 2-NHAI for the public purpose namely for

C/SCA/17499/2021 ORDER DATED: 30/11/2021

construction of Vadodara - Mumbai Express Way and they were

cultivating the said lands and were dependent upon the same for

livelihood. It is further contended that said land is situated in a

rural area falling within the limits of Gram Panchayat of Sherkhi

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

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

C/SCA/17499/2021 ORDER DATED: 30/11/2021

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

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

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

C/SCA/17499/2021 ORDER DATED: 30/11/2021

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)

(ASHUTOSH J. SHASTRI, J) RADHAKRISHNAN K.V.