Gujarat High Court
Padhiyar Sitaben Shanabhai W/O ... vs The Competent Authority, ... on 7 October, 2021
Bench: Mr. Justice R.M.Chhaya, Biren Vaishnav
C/SCA/14923/2021 ORDER DATED: 07/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14923 of 2021
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PADHIYAR SITABEN SHANABHAI W/O PARMAR KANAKSINH
Versus
THE COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF
INDIA AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR YV VAGHELA(2450) for the Petitioner(s) No. 1
MR MEET THAKKAR, ASSISTANT GOVERNMENT PLEADER/PP(99) for
the Respondent(s) No. 1
MR MAULIK G NANAVATI for NANAVATI & CO.(7105) for the Respondent(s)
No. 2
MR DEVANG VYAS, ASG for the Respondent(s) No. 3
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CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 07/10/2021
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
R.M.CHHAYA)
1. Heard Mr. Y.V. Vaghela, learned counsel for the
petitioner, Mr. Meet Thakkar, learned Assistant
Government Pleader for respondent no.1, Mr.
Maulik G. Nanavati, learned counsel for
respondent no.2 and Mr. Devang Vyas, learned
ASG for respondent no.3.
2. By way of this petition under Article 226 of
the Constitution of India, the petitioner has
prayed for the following relief:-
C/SCA/14923/2021 ORDER DATED: 07/10/2021
"(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
number 1 to amend/modify/revise the
award dated 5-9-2017 bearing no. LAQ.
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 realisation within 6 weeks of
the judgment;"
3. Learned counsel appearing for the parties
submitted that the issue involved in this
petition is identical to the issue decided by
the Coordinate Bench of this Court in the case
of Shah Rajesh Manibhai Vs. National Highway
Authority of India rendered in Special Civil
Application no.5913 of 2021 dated 23.4.2021 as
well as in the case of Dilipbhai Ganpatbhai
Parmar Vs. Competent Authority rendered in
Special Civil Application no.12140 of 2021
dated 27.8.2021. It was therefore submitted
that this petition also be disposed of
following the order passed in Special Civil
C/SCA/14923/2021 ORDER DATED: 07/10/2021
Application no.5913 of 2021 dated 23.4.2021.
The petitioner is agriculturist and was holding
agricultural land admeasuring 16895 Hector-Are-
Sq. Mtrs., bearing survey No.60+61/3 at Village
Sherkhi, Taluka Vadodara (Rural), District
Vadodara which is acquired for the public
purpose of Vadodara-Mumbai Expressway.
4. The Coordinate Bench in the order dated
23.4.2021 passed in Special Civil Application
no.5913 of 2021, while deciding the identical
question of factor, has observed in Paragraph 7
of the said judgment as under:-
"7. Having, thus, heard, learned
Advocates on both the sides and
considering the rival submissions so
also noticing the agreement on the
part of the petitioners for this
matter being referred to the competent
authority for re-computation of the
compensation, without dealing with the
submissions of exclusivity of
competent authority for determination
of compensation and keeping the same
open, to be decided in an appropriate
matter, we deem it appropriate to
DIRECT the competent authority to re-
compute the market value of the land
of the petitioners herein, by applying
the appropriate multiplication factor
for the amount of compensation and
follow the dictum of the Apex Court in
all respects. We reiterate that while
so doing, it shall BEAR IN MIND the
decision of the Apex Court in SLP
(Civil) Diary No. 18777 of 2020 so
also the decision of this Court in SCA
C/SCA/14923/2021 ORDER DATED: 07/10/2021
No. 8734 of 2019 and publish the
corrected award under Section 3-G(1)
of the Act.
7.1 This shall be done within the
period of EIGHT WEEKS, from the date
of receipt of a copy of this order."
5. Learned counsel for the respondent no.2
submitted that in the instant case also, the
petitioner has approached the arbitrator. It is
further submitted that as in the other cases in
case of the present petitioner also, if it is
found that the petitioner is entitled to Factor
"2" being applied for determination of his
compensation and other benefits, respondent
days of such determination.
6. Learned counsel for the petitioner candidly
submitted that in view of the present order,
the petitioner shall not insist for Factor "2"
before the arbitrator as this Court has taken a
similar view on the aspect of Factor "2".
7. Thus, following the decision of the Coordinate
Bench rendered in Special Civil Application
no.5913 of 2021 dated 23.4.2021 as well as the
decision rendered in Special Civil Application
no.12140 of 2021 dated 27.8.2021, the present
petition is disposed of with same directions
and terms as contained in the order dated
23.4.2021 passed in Special Civil Application
C/SCA/14923/2021 ORDER DATED: 07/10/2021
no.5913 of 2021. The present petition stands
disposed of accordingly. However, there shall
be no order as to costs.
(THE ACTING CHIEF JUSTICE R.M.CHHAYA, J)
(BIREN VAISHNAV, J)
Maulik
