Mukeshbhai Ramanbhai Desai vs Competent Authority National ...
2021 Latest Caselaw 13452 Guj

      C/SCA/12086/2021                                 ORDER DATED: 06/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 12086 of 2021
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              MUKESHBHAI RAMANBHAI DESAI
                         Versus
 COMPETENT AUTHORITY NATIONAL HIGHWAY AUTHORITY OF INDIA
            AND DEPUTY COLLECTOR, BHARUCH
==========================================================
Appearance:
MR AJ YAGNIK(1372) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 2
MR TIRHTHRAJ PANDYA, ASST. GOVERNMENT PLEADER for Respondent No. 1
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     CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
           R.M.CHHAYA
           and
           HONOURABLE MR. JUSTICE BIREN VAISHNAV

                           Date : 06/09/2021
                            ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE R.M.CHHAYA)

1. We have heard Mr. Bhavyaraj Gohil, learned

advocate appearing for Shri A.J.Yagnik, learned

counsel for the petitioners, Mr.Tirthraj Pandya,

learned Assistant Government Pleader for the State-

respondents and Ms.Manvi Damle, learned advocate for

Shri Maulik Nanavati, learned counsel appearing for

the respondent - National Highway Authority of India.

2. At the outset, Mr.Gohil has made pressing

of this petition only for applicability of Factor-2

to be applied while finally calculating the award as

the per compensation vide the judgment dated

C/SCA/12086/2021 ORDER DATED: 06/09/2021

12.09.2019 passed by a Division Bench of this Court

in a group of writ petitions led by Special Civil

Application No.8734 of 2019. He has further

specifically submitted that the benefit extended in

paragraphs 19, 20 and 21 of the said judgment may be

extended and applied in the case of the present

petitioners. In other matters, the earlier award

needs to be revised and a fresh award needs to be

given in the light of the judgment dated 12.09.2019

referred to above which has since been affirmed by

the Supreme Court and now the State and National

Highway Authority of India are complying the same

subject to fulfillment of the conditions for getting

the benefit of Factor-2. However, it is more or less

admitted subject to verification, by the respondent -

NHAI that the petitioners are and would be entitled

to the benefit of Factor-2. It goes without saying

that the benefit would be extended so long as the

petitioners are entitled to and eligible for the

same, depending upon the location. We direct that the

decision to redetermine the compensation be taken in

light of the judgment dated 12.09.2019 wherein we

have also fixed eight weeks' time to the competent

C/SCA/12086/2021 ORDER DATED: 06/09/2021

authority to make the award and further we have

granted 21 days time to the National Highway

Authority of India to make necessary deposit so that

the land owners may get the benefit at the earliest.

3. Mr. Bhavyaraj has also sought liberty that

the petitioners if determination of rate of land are

by which the compensation is calculated are not

satisfied they may have the liberty to avail the

remedy available under the law for seeking

enhancement. We make it clear that we are not

curtailing any right of the petitioners available to

them under law for claiming the highest compensation

which they can get subject to availing the

appropriate remedy in accordance to law and

establishing their rights for higher compensation.

4. It has been pointed out by Mr.Pandya,

learned Assistant Government Pleader that the present

petitioners have moved for redetermination of

compensation before the Arbitrator under Section

3G(5) of the National Highways Act, 1956. It is thus

submitted by Mr.Pandya as also Ms.Damle appearing for

C/SCA/12086/2021 ORDER DATED: 06/09/2021

NHAI that before the Arbitrator, the petitioners may

not insist for Factor-2 claim or in the alternative

the respondents may be permitted to apprise the

Arbitrator of the said issue so that there is no

further multiplicity or complication in the

proceedings. Mr.Gohil, learned counsel for the

petitioners states that the petitioners would not

insist for Factor-2 before the Arbitrator as they

would be getting the benefit of Factor-2 under the

present orders.

5. In view of the above, we dispose of this

petition with a direction to the competent

authority / Land Acquisition Officer under the

National Highways Act, 1956 to give a fresh award in

the above cases in the light of the judgment dated

12.09.2019 passed in Special Civil Application

No.8734 of 2019 keeping in mind the directions

contained in paragraphs 19, 20 and 21 thereof within

a period of eight weeks from the date of production

of certified copy of this order to the competent

authority. We further direct that within 21 days from

the date of award the National Highway Authority of

C/SCA/12086/2021 ORDER DATED: 06/09/2021

India shall deposit the amount with the competent

authority for disbursement to the petitioners.

(THE ACTING CHIEF JUSTICE R.M.CHHAYA, J)

(BIREN VAISHNAV, J) GAURAV J THAKER