Gujarat High Court
Manisha Sharma vs Competent Authority And Special ... on 22 September, 2021
Bench: Biren Vaishnav
C/SCA/13612/2021 ORDER DATED: 22/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13612 of 2021
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MANISHA SHARMA
Versus
COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR ROHAN SHAH(7497) for the Petitioner(s) No. 1
MR MEET THAKKAR, ASSISTANT GOVERNMENT PLEADER/PP(99) for
the Respondent(s) No. 1
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 : 22/09/2021
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
R.M.CHHAYA)
1. Heard Mr. Shah, learned counsel for the
petitioner, Mr. Meet Thakkar, learned Assistant
Government Pleader for respondent no.1, Mr.
Maulik G. Nanavati, learned counsel for
respondent no.2 and Mr. Devang Vyas, learned ASG
for respondent no.3.
2. By way of this petition under Article 226 of the
Constitution of India, the petitioner has prayed
for the following relief:-
"A. Be pleased to direct the respondent
Competent Authority and Special Land
Acquisition Officer and the respondent
National Highway Authority of India, in
light of the ratio laid down by this
Hon'ble Court in judgement and order
dated 12.09.2019 passed in SCA No.8734 of
C/SCA/13612/2021 ORDER DATED: 22/09/2021
2019 and confirmed by the Hon'ble Supreme
Court vide order dated 07.01.2021 passed
in Special Leave Petition (Civil) Diary
No.18777 of 2020, to apply multiplying
factor 2.00 instead of 1.00 and thereby,
recalculate the compensation and be
further pleased to direct the respondent
Competnt Authority and Special Land
Acquisition Officer and the respondent
National Highway Authority of India to
award the recalculated compensation
within a period of three months from the
date of the order;
B. Be pleased to direct the
respondents to recompute the compensation
qua the land of the petitioner by
multiplying the market value as
determined under Section 26(1) of the Act
of 2013 with Factor 2 as per Section
26(2) and applying all other statutory
benefits including solatium under Section
30(1), interest under Section 30(3) of
the Act of 2013 and determine and pay
such compensation with interest as per
the ratio laid down by this Hon'ble High
Court in judgement and order dated
12.09.2019 passed in SCA No.8734 of 2019
and confirmed by the Hon'ble Supreme
Court vide order dated 07.01.2021 passed
in Special Leave Petition (Civil) Diary
No.18777 of 2020;
C. hold and declare and/or clarify
that, in the peculiar facts and
circumstances of the present case, since
the rightful compensation which sh have
been granted earlier is being granted at
such a belated stage owing to no fault of
the petitioner, hence, the statutory
interest under Section 30(3) of the Act
of 2013, will have to be paid from the
date of the preliminary notification till
the date of the passing of the fresh
award;"
C/SCA/13612/2021 ORDER DATED: 22/09/2021
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 that this
petition also be disposed of following the order
passed in Special Civil Application no.5913 of
2021 dated 23.4.2021. The petitioner is
agriculturist and was holding agricultural land
bearing block no. 450, admeasuring 7892 sq.
mtrs., situated at Village Samilaya, Taluka
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
C/SCA/13612/2021 ORDER DATED: 22/09/2021
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 (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. Maulik G. Nanavati, learned counsel for the
respondent no.2 submitted that in the instant
case also, the petitioner has approached the
arbitrator. Mr. Nanavati further submitted that
as in the other cases in case of the present
petitioner also, if it is found that the
petitioner is entitled to Factor "2" being
applied for determination of his compensation and
other benefits, respondent no.2 authority shall
make deposit within 21 days of such
determination.
6. Learned counsel for the petitioner candidly
submitted that in view of the present order, the
petitioner shall not insist for Factor "2" before
the arbitrator as this Court has taken a similar
view on the aspect of Factor "2".
C/SCA/13612/2021 ORDER DATED: 22/09/2021
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 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
