Gujarat High Court
Shree Patel Chintankumar ... vs Competent Authority, National ... on 30 November, 2021
Bench: Ashutosh J. Shastri
C/SCA/17305/2021 ORDER DATED: 30/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17305 of 2021
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SHREE PATEL CHINTANKUMAR GIRISHBHAI AUTHO. PERSON FOR
GHANSHYAM MANIBHAI PATEL
Versus
COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA
AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
PANKEET P AUNDHIYA(9421) for the Petitioner(s) No. 1
MR TIRTHRAJ PANDYA, 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. Pankeet Aundhiya, learned counsel for
the petitioner, Mr. Tirthraj Pandya, 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:
C/SCA/17305/2021 ORDER DATED: 30/11/2021
"(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
number 1 to amend/modify/revise the award
dated 28/06/2017 bearing no.LAQ.Vadodara-
Mumbai Express Way/Gokulpura Compensation
Case No.19/2013 and recompute 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 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 28/06/2017 @
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
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 relief deemed just and
proper be granted in the interest of justice."
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.67/B admeasuring 1821 Ha
Ra. Sq. Mtr. situated in the sim of Village: Gokulpura, Taluka :
Vadodara, District : Vadodara, which was notified for acquisition
by respondent No. 2- NHAI for the public purpose namely for
C/SCA/17305/2021 ORDER DATED: 30/11/2021
construction of Vadodara - Mumbai Express Way and was
cultivating the said lands and was dependant 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
Gokulpura 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
C/SCA/17305/2021 ORDER DATED: 30/11/2021
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 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
C/SCA/17305/2021 ORDER DATED: 30/11/2021
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.
