Bhagavatkumar Natavarlal ... vs Competent Authority, National ...
2022 Latest Caselaw 3976 Guj

     C/SCA/6584/2022                           ORDER DATED: 05/04/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 6584 of 2022

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  BHAGAVATKUMAR NATAVARLAL DALWADI SINCE DECD. THROUGH
             HARSHA BHAGAVATKUMAR DALWADI
                          Versus
 COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA
           AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR. KSHITIJ P VAKIL(7197) for the Petitioner(s) No. 1
MR KM ANTANI, AGP for the Respondent(s) No. 1 & 2
MR MAULIK NANAVATI FOR NANAVATI & CO.(7105) for the Respondent(s)
No. 3
MR DEVANG VYAS, ADDITIONAL SOLICITOR GENERAL OF INDIA for
respondent No.4
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                           Date : 05/04/2022

                        ORAL ORDER

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

1. We have heard Mr. Kshitij P. Vakil, learned counsel for the

petitioner, Mr. K.M.Antani, learned Assistant Government

Pleader for respondent Nos.1 and 2, Mr. Maulik Nanavati,

learned counsel for respondent No.3 and Mr. Devang Vyas,

learned Assistant Solicitor General for respondent No.4.

2. By this Petition under Article 226 of the Constitution of

India, the petitioner has prayed for the following reliefs:

C/SCA/6584/2022 ORDER DATED: 05/04/2022

"A.This Honorable Court may be pleased to admit and allow this petition; And

B. This Honorable Court may be further pleased to issue appropriate writ and/or order and/or direction and quash and set aside the impugned award dated 05-09-2017 bearing no. L.A.Q.

Vadodara-Mumbai Expressway / Samiyala Compensation Case no. 20/2013 passed by the respondent no. 1- Competent Authority and Special Land Acquisition Officer which is at ANNEXURE- "A" only to the extent that the market value as determined under Section 26(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been multiplied with factor 1 (one) instead of 2 (two); And

C. This Honorable Court maybe further pleased to issue appropriate writ and/or order and/or direction and thereby direct the respondent no. 1- Competent Authority and Special Land Acquisition Officer to amend/ modify/ reverse impugned award dated 05-09-2017 bearing no. L.A.Q. Vadodara- Mumbai Expressway / Samiyala Compensation Case no.20/2013, and re-compute the compensation amount payable to the petitioner qua his land by multiplying the market value as determined under Section 26 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Factor 2 (two) and applying all other statutory benefits as provided under the LARR Act 2013 including solatium under Section 30 (1), interest under Section 30 (3) and be further pleased to direct the respondents to pay the compensation so determined, with interest, within 6 months of the judgment; And

D. This Honorable Court may be further pleased to pass such other order/s as may be deemed fit in the interest of justice."

C/SCA/6584/2022 ORDER DATED: 05/04/2022

3. It is the contention of learned counsel appearing for the

petitioner that the petitioner is the owner and occupant of

agricultural land bearing Survey/Block No.408 admeasuring 01-

32-53 hector, arre, and sq. meters (acquired 0-75-22 hector aare

sq.meters) situated in the sim of Village Samiyala, Taluka

Vadodara (Rural) and District Vadodara which was notified for

acquisition by respondent No.3-NHAI for the public purpose

namely for construction of Vadodara - Mumbai Express Way and

he was cultivating the said lands and was dependent upon the

same for his livelihood. It is further contended that said land is

situated in a rural area falling within the limits of Gram

Panchayat of Samiyala and it does not fall under limits of any

transitional area Smaller Urban Area or Larger Urban Area as

defined under Article 243Q (2) and if not part of any area falling

within the limits of any Urban Local Body. Hence, he has prayed

for suitable compensation being awarded to him.

4. 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.

C/SCA/6584/2022 ORDER DATED: 05/04/2022

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 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.

5. Learned counsel for respondent No.3-NHAI, further

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

petitioner is entitled to Factor-"2" being applied for

determination of compensation and other benefits, respondent

No.3 - Authority shall make deposit within four weeks of such

determination.

C/SCA/6584/2022 ORDER DATED: 05/04/2022

6. Thus, following the decision of the Coordinate Bench

rendered in Special Civil Application No.5913 of 2021 dated

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.

7. However, it is clarified that if the petitioner has moved for

re-determination of compensation before the Arbitrator under

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

petitioner 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.

8. The present Petition, therefore, stands disposed of

accordingly. There shall be no order as to costs.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) RADHAKRISHNAN K.V.