Gujarat High Court
Ashish Kanubhai Amin vs The Competent Authority, ... on 2 February, 2022
Bench: Niral R. Mehta
C/SCA/1953/2022 ORDER DATED: 02/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1953 of 2022
==================================================================
ASHISH KANUBHAI AMIN
Versus
THE COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF
INDIA AND SPECIAL LAND ACQUISITION OFFICER
==================================================================
Appearance:
MR SHALIN MEHTA, SENIOR COUNSEL WITH
MS ADITI S RAOL(8128) for the Petitioner(s) No. 1
MR DHARMESH DEVNANI, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No.1, 4
MR MAULIK NANAVATI, COUNSEL FOR NANAVATI & CO.(7105) for the
Respondent(s) No. 2
MR DEVANG VYAS, ADDITIONAL SOLICITOR GENERAL for respondent No.3
==================================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 02/02/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. We have heard Mr. Shalin Mehta, learned Senior Counsel with
Ms.Aditi S. Raol, learned counsel appearing for the petitioner,
Mr.Dharmesh Devnani, learned Assistant Government Pleader for
respondent Nos.1 & 4, Mr.Maulik Nanavati, learned counsel for
respondent No.2 and Mr.Devang Vyas, learned Assistant Solicitor
General for respondent No.3.
2. By this petition under Article 226 of the Constitution of India, the
petitioner has prayed for the following reliefs:
C/SCA/1953/2022 ORDER DATED: 02/02/2022
"8A. Your Lordships may be pleased to issue a writ of mandamus or
a writ in the nature of mandamus or any other writ, order or
direction and tehreby be pleased to direct the respondent
number 1 tgo amend/modify/revise the award dated 05.09.2017
bearing no.LAQ. Vadodara-Mumbai Express Way/Sherkhi
Compensation CASE No.13/2013 and re-compute the
compensation qua the lands of the Petitioner by multiplying the
market value as determined under section 26(1) of the LARR,
2013 Act with a Factor of 2 (two) and applying all other
statutory benefits as provided under LARR Act, 2013 including
solatium under S. 30(1), interest under S. 30(3) and be further
pleased to direct the respondents to pay the same, with interest
from 05.09.2017 @ 9% for the first year and 15% per annum
for subsequent years till date of realisation within 6 weeks of
the Judgment;
B. Pending admission, hearing and final disposal of the petition,
Your Lordships may be pleased to restrain the respondents
from using, altering, making any construction of any kind on
the land of the petitioner;
C. Any other and further reliefs may be deemed just and proper in
the facts and circumstances of the case may please be
granted."
3. It is the contention of learned counsel appearing for the petitioner
that petitioner is the owner and occupant of land admeasuring 13658 Ha.
Ra. Sq. Mtr., bearing Block No.941 and Survey No.515/5/2, situated in
Village: Sherkhi, Taluka: Vadodara (Rural), District: Vadodara, and it is
within the ceiling limits and said land was notified for acquisition by
respondent No.2- NHAI for the public purpose namely for construction of
Vadodara-Mumbai Express Way. It is contended that petitioner 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 village and it does not fall within the limits of
C/SCA/1953/2022 ORDER DATED: 02/02/2022
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. 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. 2- NHAI, further submitted
C/SCA/1953/2022 ORDER DATED: 02/02/2022
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.2 - Authority shall make deposit within four
weeks of such determination.
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)
(NIRAL R. MEHTA,J)
Bharat
