Gujarat High Court
Vikramsinh Ganpatsinh Parmar vs The Competent Authority National ... on 30 November, 2021
Bench: Ashutosh J. Shastri
C/SCA/17505/2021 ORDER DATED: 30/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17505 of 2021
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VIKRAMSINH GANPATSINH PARMAR
Versus
THE COMPETENT AUTHORITY NATIONAL HIGHWAY AUTHORITY OF
INDIA AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1
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. Krishnan Ghavariya, learned counsel 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
C/SCA/17505/2021 ORDER DATED: 30/11/2021
any other writ, order or direction and thereby be
pleased to direct the respondent number 1 to
amend/modify/revise the award dated 5-9-2017
bearing no.L.A.Q.Vadodara-Mumbai Express Way/
Sherkhi Compensation Case No.13/2013 and 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 S.30(1), interest
under S.30(3) and be further pleased to direct the
respondents to pay the same, with interest from
5-9-2017 @ 9% for the first year and 15% per
annum for subsequent years till date of
realization within 6 weeks of the judgment:
(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 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 bearing Survey No.172/2 admeasuring 1-82-11
Ha.Ra.Sq.mtr. situated in the sim of Village: Sherkhi, Taluka :
Vadodara, District : Vadodara, which was notified for acquisition
by respondent No. 2- NHAI for the public purpose namely for
construction of Vadodara - Mumbai Express Way and was
C/SCA/17505/2021 ORDER DATED: 30/11/2021
cultivating the said lands and was 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.
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
C/SCA/17505/2021 ORDER DATED: 30/11/2021
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 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 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
C/SCA/17505/2021 ORDER DATED: 30/11/2021
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.
