Yogeshkumar Jashbhai Patel vs The Competent Authority, ...
2022 Latest Caselaw 1188 Guj

     C/SCA/2062/2022                             ORDER DATED: 03/02/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 2062 of 2022

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                 YOGESHKUMAR JASHBHAI PATEL
                              Versus
  THE COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF
          INDIA AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
BIRJESHKUMAR N PATEL(9685) for the Petitioner(s) No. 1
MR MEET G RAVAL(10630) for the Petitioner(s) No. 1
MR DM DEVNANI, AGP for the Respondent(s) No. 1-2
MR MAULIK NANAVATI for NANAVATI & CO.(7105) for the Respondent(s)
No. 3
MR DEVANG VYAS, ASG for Respondent No.4.
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                            Date : 03/02/2022

                              ORAL ORDER

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

1. We have heard Mr. Meet G. Raval, learned advocate for the petitioner, Mr.D.M.Devnani, learned Assistant Government Pleader for respondent No. 1 & 2, Mr. Maulik Nanavati, learned counsel for respondent No. 3 (National Highway Authority of India) and Mr.Devang Vyas, learned Additional 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:

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

C/SCA/2062/2022 ORDER DATED: 03/02/2022

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 28-06-2017 bearing no. L.A.Q. Vadodara-Mumbai Expressway/ Koyali Compensation Case no. 12/2013 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 may be 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 28-06-2017 bearing no. L.A.Q. Vadodara Mumbai Expressway/ Koyali Compensation Case no. 12/2013, 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 Honourable Court may be further pleased to pass such other order/s as may be deemed fit in the interest of justice."

3. It is the submission of Mr. Raval, learned advocate for the petitioner that petitioner is an agriculturist and is having agricultural land, bearing Survey/Block No. 744/B/4 admeasuring 2- 90-12 Hector Are Aq. Mtrs., situated in Moje Koyali, Taluka : Vadodara (Rural), District: Vadodara. The said land is under cultivation and he is totally dependent upon it for their livelihood. The land in question, according to Mr. Raval, learned advocate 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)

C/SCA/2062/2022 ORDER DATED: 03/02/2022

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 is not covered under any urban area. According to Mr. Raval, learned advocate, the major economic activity is agriculture and there are no significant non agricultural activities in the village or surrounding area and the village limits of Vadodara Urban Development Area Authority, however, No. T.P. Scheme is proposed in the area and the lands are still in agriculture zone. It is contended that by virtue of Notification dated 09.01.2014, issued by Government of India, in exercise of power under Section 3A of the National Highways Act, 1956, the land of the petitioner 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 lands vested in respondent No.4. It is contended that for the purpose of compensation, the competent authority passed an award dated 28.06.2017 bearing No. LAQ./Vadodara - Mumbai Express Way/Koyali Compensation Case No. 12/2013 and the market value of the acquired land was arrived at and though the land acquired is situated in rural area, the authority i.e. respondent No.3 applied factor 1 and not factor 2. Hence, the present petition. The main grievance raised in the petition is that erroneously respondent No.3 - authority applied factor 1 instead of factor 2.

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

C/SCA/2062/2022 ORDER DATED: 03/02/2022

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.

5. Learned counsel for respondent No.2 - 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.2 - authority shall make deposit within 21 days 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.

C/SCA/2062/2022 ORDER DATED: 03/02/2022

8. The present petition, therefore, stands disposed of accordingly. There shall be no order as to costs.

(ARAVIND KUMAR,CJ)

(NIRAL R. MEHTA,J) V.J. SATWARA