Gujarat High Court
Parmar Vikramsingh Narvatsingh vs State Of Gujarat on 14 October, 2021
Bench: R.M.Chhaya
C/SCA/15447/2021 ORDER DATED: 14/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15447 of 2021
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PARMAR VIKRAMSINGH NARVATSINGH
Versus
STATE OF GUJARAT
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Appearance:
GHANSHYAM H UPADHYAY(9606) for the Petitioner(s) No. 1,2
MS SHIVANGI J GUPTA(10542) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2,3
MR TIRTHRAJ PANDYA, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR
and
HONOURABLE MR. JUSTICE R.M.CHHAYA
Date : 14/10/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
1. We have heard Ms. Shivangi Gupta, learned
counsel for the petitioners and Mr. Tirthraj
Pandya, learned Assistant Government Pleader
for the State, Mr. Maulik G. Nanavati, learned
counsel appearing for the respondent no.2 and
Mr. Devang Vyas, learned ASG for the
respondent no.3.
2. By way of this petition under Article 226 of
the Constitution of India, the petitioners have
prayed for the following reliefs:-
"(A) Your Lordship may be pleased to issue
a writ of mandamus or a writ in the nature
of mandamus or any other writ, order or
direction declaring that the impugned
C/SCA/15447/2021 ORDER DATED: 14/10/2021
resolutions, Dated: 10/11/2016 and 11/9/2018
(to the extent it is made prospective)
issued by the Government of Gujarat, Revenue
Department Bearing No. LAQ 22-2014/179/GH.
are null and void;
(B) 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 2 to
amend/modify/revise the award dated 05-09-
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 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;"
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
C/SCA/15447/2021 ORDER DATED: 14/10/2021
that this petition also be disposed of
following the order passed in Special Civil
Application no.5913 of 2021 dated 23.4.2021.
The petitioners are agriculturists and were
holding agricultural land admeasuring 3-78-38
Hector-Are-Sq. Mtrs. bearing survey no.711
(414, 415, 416/1, 417/1/Paiki 1, 417/1/Paiki 2,
417/2) 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
C/SCA/15447/2021 ORDER DATED: 14/10/2021
Apex Court in SLP (Civil) Diary No. 18777 of
2020 so also the decision of this Court in
SCA 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
petitioners have approached the arbitrator. It
is further submitted that as in the other cases
in case of the present petitioners also, if it
is found that the petitioners are entitled to
Factor "2" being applied for determination of
the compensation and other benefits, respondent
days of such determination.
6. Learned counsel for the petitioners candidly
submitted that in view of the present order,
the petitioners 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/15447/2021 ORDER DATED: 14/10/2021
no.5913 of 2021. The present petition stands
disposed of accordingly. However, there shall
be no order as to costs.
(ARAVIND KUMAR,CJ)
(R.M.CHHAYA,J)
BIJOY B. PILLAI
