Gujarat High Court
Ibrahimbhai Valibhai Umarjibhai ... vs Competent Authority Nhai on 22 September, 2021
Bench: Mr. Justice R.M.Chhaya, Biren Vaishnav
C/SCA/13656/2021 ORDER DATED: 22/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13656 of 2021
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IBRAHIMBHAI VALIBHAI UMARJIBHAI SINCE DECEASED THROUGH
LEGAL HEIR RUKAIYA IBRAHIM DHANIYARIWALA
Versus
COMPETENT AUTHORITY NHAI
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Appearance:
MR AJ YAGNIK(1372) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9
MR DHAWAN JAYSWAL, 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
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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. A.J. Yagnik, learned counsel for the
petitioners, Mr. Dhawan Jayswal, learned
Assistant Government Pleader for respondent
no.1 and Mr. Maulik G. Nanavati, learned
counsel for respondent no.2.
2. By way of this petition under Article 226 of
the Constitution of India, the petitioners have
prayed for the following relief:-
"A. Your Lordships be pleased to hold
and declare that land acquisition award
for Village Dayadra annexed at ANNEXURE-
C passed by the respondent competent
authority and Special Land Acquisition
Officer under Section 3G(1) of the
National Highways Act, 1956, in
C/SCA/13656/2021 ORDER DATED: 22/09/2021
connection with acquisition of land for
construction of Vadodara-Mumbai
Six/Eight Lane Expressway and to the
extent of determination of compensation
as illegal and unconstitutional and Be
Further Pleased to quash and set aside
the impugned award only to the extent of
manner and method in which the amount of
compensation is determined and the
actual amount is awarded without
disturbing the entire land acquisition
proceedings;
B. Your Lordships be pleased to
direct the respondent competent
authority / 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 judgment 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, to apply multiplying
factor 2.00 instead of 1.00 and thereby
recalculate the compensation and Be
Further Pleased to direct the respondent
competent authority / Special Land
Acquisition Officer and respondent
National Highway Authority of India to
award the recalculated compensation
within a period of three months from the
date of the order;
C. Your Lordships be pleased to
direct the respondents to recompute the
compensation qua the lands 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
C/SCA/13656/2021 ORDER DATED: 22/09/2021
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 Court in SCA 8734 of 2019
and other cognate matters and as
confirmed by the Hon'ble Supreme Court
passed in Special Leave Petition (Civil)
Diary No.18777 of 2020;"
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 petitioners are agriculturists and were
holding agricultural lands at Village Dayadra,
Taluka District Bharuch 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:-
C/SCA/13656/2021 ORDER DATED: 22/09/2021
"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
(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. Learned counsel for the respondent no.2
submitted that in the instant case also, the
petitioners have approached the arbitrator. It
is 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
the compensation and other benefits, respondent
C/SCA/13656/2021 ORDER DATED: 22/09/2021
days of such determination.
6. 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
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
