Gujarat High Court
Lhrs Of Daud Haji Ali Akku vs State Of Gujarat on 14 September, 2021
Bench: Mr. Justice R.M.Chhaya, Biren Vaishnav
C/SCA/12794/2021 ORDER DATED: 14/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12794 of 2021
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LHRS OF DAUD HAJI ALI AKKU
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAD D BUCH(4000) for the Petitioner(s) No.
1,10,11,1.1,12,1.2,13,1.3,14,1.4,15,1.5,16,1.6,17,1.7,18,1.8,19,1.9,2,20,21,22
,23,3,4,5,6,7,8,9
MRS. BHAVINI N. BUCH(5403) for the Petitioner(s) No.
1,10,11,1.1,12,1.2,13,1.3,14,1.4,15,1.5,16,1.6,17,1.7,18,1.8,19,1.9,2,20,21,22
,23,3,4,5,6,7,8,9
MR MEET THAKKAR, ASSISTANT GOVERNMENT PLEADER/PP(99) for
the Respondent(s) No. 1, 2
MS MANVI DAMLE for 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 : 14/09/2021
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
R.M.CHHAYA)
1. Heard Mr. Nirad D. Buch, learned counsel with
Mrs. Bhavini N. Buch, learned counsel for the
petitioners, Mr. Meet Thakkar, learned
Assistant Government Pleader for respondents
no.1 and 2, Ms. Manvi Damle, learned counsel
for Mr. Maulik G. Nanavati, learned counsel for
respondent no.2 and Mr. Devang Vyas, learned
ASG for respondent no.3.
C/SCA/12794/2021 ORDER DATED: 14/09/2021
2. By way of this petition under Article 226 of
the Constitution of India, the petitioners have
prayed for the following relief:-
"(A) The Hon'ble Court may be pleased
to quash and set aside the impugned
award dated 27/06/2017 bearing number
LAQ/Case No.18/13/Kantharia qua the
lands of the petitioners to the extent
challenged, and further be pleased to
direct the Respondent No.2 to
revise/amend/modify/recalculate the
award afresh by:
1. Multiplying the market value
determined u/s.26(1) of the LARR Act,
2013 with a factor '2' as provided u/s.
26(2) of the LARR Act, 2013 read with
the First Schedule thereof;
2. Applying all the other statutory
benefits as provided under the LARR Act,
2013 including Solatium amount
equivalent to 100% of the compensation
amount u/s.30(1) of the LARR Act, 2013;
AND
3. Calculating interest u/s.30(3) of
the LARR Act, 2013, at the rate of 12%
p.a. on the revised market value for the
period between 06.08.2013 (being the
date of the publication of the primary
notification), till the date of the
award of the Collector (27.06.2017)
[B] The Hon'ble Court may be pleased
to issue appropriate writ, order or
direction to the Respondents to pay the
compensation determined/calculated as
prayed for herein above, along with an
interest at the rate of 9% per annum
from 27.06.2017 for the first year and
C/SCA/12794/2021 ORDER DATED: 14/09/2021
at the rate of 15% per annum for the
subsequent years until its actual
realization, within a period of six
weeks from the date of the award dated
27.06.2017.
The Hon'ble Court may be pleased to
issue appropriate writ, order or
direction to the Respondent no.2 to
revise/amend/modify the award dated
27/06/2017 bearing number LAQ/Case
No.18/17/Kantharia with a further
direction to recalculate the
compensation qua the lands of the
petitioners by multiplying the market
value determined u/s.26(1) of the LARR
Act, 2013 with a factor '2' as provided
u/s.26(2) of the LARR Act, 2013 and also
after applying all the other statutory
benefits as provided under the LARR Act,
2013 including solatium u/s.30(1) & the
interest u/s.30(3) of the LARR Act, 2013
and further be pleased to command the
Respondents to pay the compensation
determined as prayed for herein above
with interest from 27.06.2017 at the
rate of 9% per annum for the first year
and 15% per annum for the subsequent
years until its actual realization,
within a period of six weeks from the
date 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
C/SCA/12794/2021 ORDER DATED: 14/09/2021
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
Application no.5913 of 2021 dated 23.4.2021.
The petitioners are agriculturists and were
holding agricultural lands at Village
Kantharia, Taluka District Bharuch.
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
C/SCA/12794/2021 ORDER DATED: 14/09/2021
(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. Mr. Damle, learned counsel for the respondent
no.2 submitted that in the instant case also,
the petitioners have approached the arbitrator.
Ms. Damle 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 their compensation and other
benefits, respondent no.2 authority shall make
deposit within 21 days of such determination.
6. Mr. Buch, 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
C/SCA/12794/2021 ORDER DATED: 14/09/2021
23.4.2021 passed in Special Civil Application
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
