Gujarat High Court
Somabhai Fulabhai Chauhan vs The Competent Authority National ... on 27 October, 2021
Bench: Mauna M. Bhatt
Modification of Order dtd.
C/SCA/15697/2021 20/10/2021 in R/SCA/15697/2021ORDER DATED: 27/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15697 of 2021
[On note for speaking to minutes of order dated 20/10/2021 in
R/SCA/15697/2021 ]
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SOMABHAI FULABHAI CHAUHAN
Versus
THE COMPETENT AUTHORITY NATIONAL HIGHWAY AUTHORITY OF
INDIA AND SPECIAL LAND ACQUISITION
===============================================================
Appearance:
MR MURALI N DEVNANI,(1863) for the Petitioner(s) No. 1,2,3,4,5
MR KM ANTANI, Asst. Government Pleader for the Respondent(s) No. 1
MR MAULIK NANAVATI, for Respondent No.2
MR DEVANG VYAS, Asst. Solicitor General for Respondent No.3
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 27/10/2021
ORAL ORDER
(PER : HONOURABLE MRS. JUSTICE MAUNA M. BHATT)
1. Note for Speaking to Minutes is allowed.
2. We have heard Mr.Murali Devnani, 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.
3. By this Petition under Article 226 of the Constitution of India,
the Petitioners have prayed for following reliefs:
Modification of Order dtd.
C/SCA/15697/2021 20/10/2021 in R/SCA/15697/2021ORDER DATED: 27/10/2021
"9 (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
No.1 to amend/modify/revise the award dated
5.9.2017 bearing No.LAQ Vadodara - Mumbai
Express Way/ Dodka Compensation Case
NO.7/2013 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 Section 30(1), interest under Section 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 judgement;
(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 petitioners;
(C) Any other and further release may be
deemed just and proper in the facts and
circumstances of the case may please be granted."
4. It is the contention of learned counsel appearing for the
petitioners that the petitioners herein are agriculturists and holding
Modification of Order dtd.
C/SCA/15697/2021 20/10/2021 in R/SCA/15697/2021ORDER DATED: 27/10/2021
total agricultural land bearing Survey No.600 Paiki 2 within the
ceiling limit prescribed in Village: Dodka, Taluka : Vadodara
(Rural), District : Vadodara, admeasuring 01-77-05 HA-RA-Sq.Mtrs.
respectively, out of which land admeasuring 00-99-99 Sq. Mtrs. was
acquired by Respondent No.2 - NHAI for the public purpose namely
for construction of Vadodara-Mumbai Express way and were tilling
the said land are totally dependant upon the same for their
livelihood. It is further contended that the said lands do not fall
within the limits of transitional area, smaller urban area or larger
urban area as defined and specified under Article 243Q (2) and is
not part of any area falling within the limits of any urban local
body or municipality or municipal corporation.
5. At this juncture, learned advocates 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 the 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, the Special Leave Petition (Civil) Diary
No. being 18777 of 2020. It was also submitted that the issue 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.
Modification of Order dtd.
C/SCA/15697/2021 20/10/2021 in R/SCA/15697/2021ORDER DATED: 27/10/2021
6. 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 21 days of such
determination.
7. 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.
8. However, it is clarified that if the Petitioners have moved for
re-determination of compensation before the Arbitrator under
Section 3G (5) of the National Highways Act, 1956, the 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.
9. The present Petition, therefore, stands disposed of
accordingly. There shall be no order as to costs.
(ARAVIND KUMAR,CJ)
(MAUNA M. BHATT,J)
NAIR SMITA V.
Present Order is modified vide
C/SCA/15697/2021 Order dtd. 27/10/2021 in ORDER DATED: 20/10/2021
R/SCA/15697/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15697 of 2021
==================================================================
SOMABHAI FULABHAI CHAUHAN
Versus
THE COMPETENT AUTHORITY NATIONAL HIGHWAY AUTHORITY OF INDIA
AND SPECIAL LAND ACQUISITION
==================================================================
Appearance:
MR MURALI N DEVNANI(1863) for the Petitioner(s) No. 1,2,3,4,5
MR K.M. ANTANI, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No.
1,2,3
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
and
HONOURABLE MS. JUSTICE MAUNA M. BHATT
Date : 20/10/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
Notice returnable on 02.12.2021.
(ARAVIND KUMAR,CJ)
(MAUNA M. BHATT,J)
Bharat
