Thakor Yaspalsinh Kanaksinh vs The Competent Authority
2021 Latest Caselaw 15323 Guj

      C/SCA/14530/2021                                     ORDER DATED: 29/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 14530 of 2021

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                         THAKOR YASPALSINH KANAKSINH
                                    Versus
                           THE COMPETENT AUTHORITY
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Appearance:
MR KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 2,3
MR DHAWAN JAYSWAL, ASST. GOVERNMENT PLEADER for Respondent No. 1
MR MAULIK NANAVATI, ADVOCATE FOR Respondent No.2
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     CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
           R.M.CHHAYA
           and
           HONOURABLE MR. JUSTICE BIREN VAISHNAV

                           Date : 29/09/2021
                            ORAL ORDER

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

1. Draft amendment is granted. To be carried

out forthwith.

2. We have heard Mr.Krishnan Ghavariya,

learned counsel for the petitioners, Mr.Dhawan

Jayswal, learned Assistant Government Pleader for the

State-respondents and Mr.Maulik Nanavati, learned

counsel for the respondent - National Highway

Authority of India.

3. Learned counsels for the parties agree that

this is a matter identically covered by an order of a

C/SCA/14530/2021 ORDER DATED: 29/09/2021

coordinate Bench dated 23.04.2021 passed in Special

Civil Application No.5913 of 2021. The said order of

the coordinate Bench dated 23.04.2021 is further

based upon a Division Bench judgment of this Court

dated 12.09.2019 passed in a group of petitions led

by Special Civil Application No.8734 of 2019 which

has since been affirmed by the Supreme Court as the

Special Leave Petition filed by the State Government

has been dismissed on 07.01.2021, the SLP (Civil)

Diary number being 18777 of 2020.

4. Mr.Maulik Nanavati, learned counsel for the

National Highway Authority of India states that if it

is found that the petitioners are entitled to

Factor-2 being applied for determination of their

compensation and other benefits, the National Highway

Authority of India would make the deposit within 21

days of such determination.

5. It has been pointed out by Mr.Jayswal,

learned Assistant Government Pleader that if the

present petitioners have moved for re-determination

of compensation before the Arbitrator under Section

C/SCA/14530/2021 ORDER DATED: 29/09/2021

3G(5) of the National Highways Act, 1956, 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.Krishnan Ghavariya, 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.

6. In that view of the matter, we dispose of

the present petition also in the same terms as

contained in the judgment and order dated 23.04.2021

passed in Special Civil Application No.5913 of 2021.

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

(BIREN VAISHNAV, J) GAURAV J THAKER