Shah Alpa Rupesh vs The Competent Authority, Nhai And ...
2022 Latest Caselaw 3860 Guj

      C/SCA/6206/2022                         ORDER DATED: 01/04/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 6206 of 2022

=============================================
                           SHAH ALPA RUPESH
                                  Versus
   THE COMPETENT AUTHORITY, NHAI AND SPL. LAND ACQUISITION
                                 OFFICER
=============================================
Appearance:
KAIVAN M DASTOOR(9322) for the Petitioner(s) No. 1,2
MR KM ANTANI ASSISTANT GOVERNMENT PLEADER for the Opponent
(s) no. 1
MR MAULIK NANAVATI for Opponent (s) No. 2
MR KSHITIJ AMIN for Opponent (s) No. 3
 for the Respondent(s) No. 1,2,3
=============================================

     CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
                               and
           HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

Date : 01/04/2022

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. Mr. K.M. Antani, learned Assistant Government Pleader

accepts notice for respondent no. 1, Mr. Maulik Nanavati

accepts notice for respondent no. 2 - The National Highway

Authority of India) and Mr Kshitij Amin accepts notice for

respondent no. 3. Registry to print their names as counsels

appearing for respondents no. 1, 2 and 3. Petitioners counsel

undertakes to serve requisite number of copies to the respective

counsels. His submission and undertaking is placed on record.

C/SCA/6206/2022 ORDER DATED: 01/04/2022

2. We have heard Mr. Kaivan M. Dastoor, learned advocate

appearing for the petitioners, Mr. K.M. Antani, learned Assistant

Government Pleader for respondent No.1, Maulik Nanavati,

learned counsel for respondent No.2 (National Highway

Authority of India), and Mr. Kshitij Amin, learned Central

Government Standing Counsel for respondent No.3.

3. By this petition under Article 226 of the Constitution of

India, the petitioners have prayed for the following reliefs:

"(A) Direct the respondents to amend/modify/revise the award dated 05.09.2017 bearing no. L.A.Q. Vadodara - Mumbai Expressway/Sherkhi Compensation Case No. 13 of 2013 and re-compute the compensation qua the above- mentioned lands of the petitioners by multiplying the market value as determined under Section 26(1) of the of the LAAR Act, 2013 with a factor of "2" (two) and applying all other statutory benefits as provided under the LAAR Act, 2013 including solatium under Sec. 30 (1), interest under Section 30(3)

(B) Direct the respondents to follow and abide by the judgment and order passed by the Hon'ble Supreme Court in SLP (Civil) Diary No. 18777 of 2020 as also the judgment and order passed by this Hon'ble Court in SCA 8734 of 2019 and publish the corrected award under Section 3-G (1) of the National Highways Act, 1956 qua the petitioners within a period of 8 weeks from the date of order and that may be passed in this petition;

(C) During the pendency of this petition, grant reliefs in terms of paragraphs 12(A) and 12(B) of this petition;

(D) Pass any further writ, order or direction as may be deemed necessary in the interests of justice."

C/SCA/6206/2022 ORDER DATED: 01/04/2022

4. It is the submission of Mr. Kaivan M. Dastoor, learned

advocate appearing for the petitioners that petitioners are

agriculturist and are holding agricultural admeasuring 00.34.17

Hector Are Sq.mtrs., of land bearing Block Survey No. 500

(277/1) within the ceiling limit prescribed in Village mouje

Sherkhi, Taluka and District Vadodara. The said land is under

cultivation and the petitioners are totally dependent upon it for

their livelihood. The land in question according to learned

advocate Mr. Dastoor is not falling within the limits of any

'transitional area, smaller urban area or larger urban area' as

defined and specified under Article 243Q (2) and is not part of

any area falling within the limits of any Urban Local body or

Municipality or Municipal Corporation and as such, the land in

not covered under any urban area. According to learned

advocate Mr. Dastoor, the major economic activity is agriculture

and there are no significant non-agriculture activities in the

village or surrounding area and the village limits of Vadodara

Urban Development Authority, however, no T.P. Scheme is

proposed in the area and the land is still in agriculture zone. It

is contended that by virtue of Notification dated 03.03.2014,

issued by the Government of India in exercise of power under

C/SCA/6206/2022 ORDER DATED: 01/04/2022

Section 3A of the National Highways Act, 1956 the land of the

petitioners was undertaken for acquisition for the purpose of

construction of Vadodara-Mumbai Express way and by virtue of

further Notification under Section 3D, published on 05.03.2015,

the land vested in respondent no. 3. It is contended that for the

purpose of compensation, the competent authority passed an

award on 05.09.2017 bearing No. LAQ/Vadodara-Mumbai

Express Way/Sherkhi Compensation Case No. 13/2013 and the

market value of the acquired land was arrived and though the

acquired land is situated in rural area, the authority i.e.

respondent No.2 applied factor 1 and not factor 2. Hence, the

present petition. The main grievance raised in the petition is

that erroneously respondent no. 2 authority applied factor 1

instead of factor 2.

5. At this juncture, learned counsels appearing for the

respective parties submitted that the issue involved in this

petition is identical to the issue decided by the Coordinate

Bench of this Court in case of Shah Rajesh Manibhai vs.

National Highway Authority of India rendered in Special Civil

Application No. 5913 of 2021 dated 23.04.2021. The said order

is further based upon a Division Bench judgment of this Court

C/SCA/6206/2022 ORDER DATED: 01/04/2022

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 in Special Leave Petition (Civil) Diary No. being

18777 of 2020. It is also submitted that the issue in the present

case is identical to the case of Dilipbhai Ganpatbhai Parmar vs.

Competent Authority rendered in Special Civil Application

No.12140 of 2021 dated 27.08.2021. It was, therefore,

submitted that this petition may also be disposed of, following

the order passed in Special Civil Application No.5913 of 2021

dated 23.04.2021. No other submissions were made.

6. Learned counsel for respondent No.2 - NHAI, further

submitted that as in the other cases if it is found that the

petitioners are entitled to Factor-"2" being applied for

determination of compensation and other benefits, respondent

No.2 - Authority shall make deposit within 21 days of such

determination.

7. Thus, following the decision of the Coordinate Bench

rendered in Special Civil Application No.5913 of 2021 dated

C/SCA/6206/2022 ORDER DATED: 01/04/2022

23.04.2021, the present petition is disposed of with the same

directions and terms as contained in the order dated 23.04.2021

passed in Special Civil Application No. 5913 of 2021.

8. However, it is clarified that if the petitioners have moved

for re-determination of compensation before the Arbitrator

under Section 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 appraise the

Arbitrator of the said issue, so that there is no further

multiplicity or complications in the proceedings.

9. The present petition, therefore, stands disposed of

accordingly. There shall be no order as to costs.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) phalguni