Patel Ashwinbhai Jayantibhai vs Competent Authority, National ...
2021 Latest Caselaw 15324 Guj

      C/SCA/12412/2021                                 ORDER DATED: 29/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 12412 of 2021
==========================================================
             PATEL ASHWINBHAI JAYANTIBHAI
                         Versus
COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA
         AND SPECIAL LAND ACQUISITION OFFICER
==========================================================
Appearance:
MR KRISHNAN GHAVARIYA FOR MR MURALI N DEVNANI(1863) for the
Petitioner(s) No. 1,2,3
MR DHAWAN JAYSWAL, ASST. GOVERNMENT PLEADER for Respondent No. 1
MR MAULIK NANAVATI FOR NANAVATI & CO.(7105) for Respondent(s) No. 2
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 3
==========================================================

     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. We have heard Mr.Krishnan Ghavariya,

learned counsel for Mr.Murali N. Devnani, 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.

2. Learned counsels for the parties agree that

this is a matter identically covered by an order of a

coordinate Bench dated 23.04.2021 passed in Special

C/SCA/12412/2021 ORDER DATED: 29/09/2021

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.

3. 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.

4. 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

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

C/SCA/12412/2021 ORDER DATED: 29/09/2021

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.

5. 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