Fatima Umarji Mahmad W/O Umarji ... vs Competent Authority National ...
2021 Latest Caselaw 13479 Guj

      C/SCA/12202/2021                                 ORDER DATED: 06/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 12202 of 2021
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        FATIMA UMARJI MAHMAD W/O UMARJI MAHMAD
                         Versus
 COMPETENT AUTHORITY NATIONAL HIGHWAY AUTHORITY OF INDIA
            AND DEPUTY COLLECTOR, BHARUCH
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Appearance:
MR BHAVYARAJ GOHIL FOR MR AJ YAGNIK(1372) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MR MEET THAKKAR, 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 petitioner, Mr.Meet Thakkar, 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/12202/2021 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

petitioner. 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 petitioner is 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 authority to make

C/SCA/12202/2021 ORDER DATED: 06/09/2021

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 petitioner if determination of rate of land are

by which the compensation is calculated is not

satisfied she 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 petitioner available to

her under law for claiming the highest compensation

which she can get subject to availing the appropriate

remedy in accordance to law and establishing her

rights for higher compensation.

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

learned Assistant Government Pleader that the present

petitioner has moved for redetermination of

compensation before the Arbitrator under Section

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

submitted by Mr.Thakkar as also Ms.Damle appearing

C/SCA/12202/2021 ORDER DATED: 06/09/2021

for NHAI that before the Arbitrator, the petitioner

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

petitioner states that the petitioner would not

insist for Factor-2 before the Arbitrator as she

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/12202/2021 ORDER DATED: 06/09/2021

India shall deposit the amount with the competent

authority for disbursement to the petitioner.

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

(BIREN VAISHNAV, J) GAURAV J THAKER