Gujarat High Court
Suchitaben Anilkumar Patel vs The Competent Authority on 4 February, 2022
Bench: Niral R. Mehta
C/SCA/1590/2022 ORDER DATED: 04/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1590 of 2022
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SUCHITABEN ANILKUMAR PATEL
Versus
THE COMPETENT AUTHORITY & 1 other(s)
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Appearance:
KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1
MR. DHARMESH DEVNANI, AGP for the Respondent(s) No. 1
MR. MAULIK NANAVATI for the Respondent(s) No. 2
MR.DEVANG VYAS, LEARNED ASG for the Respondent(s) No. 3
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 04/02/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR)
1. We have heard Krishnan M Ghavariya, the 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 Additional Solicitor General for respondent No.3.
2. By this petition under Article 226 of the Constitution of India,
petitioner has prayed for the following reliefs:
C/SCA/1590/2022 ORDER DATED: 04/02/2022
"9A. 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 thereby
be pleased to direct the respondent number 1 to
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 a petitioner is the owner and occupant of land
admeasuring 1-16-35 Ha. Ra. Sq. Mtr., bearing survey No.
300(133/1 within the ceiling limit prescribed in Village: Sherkhi,
Taluka: Vadodara (Rural), District: Vadodara, which was notified for
acquisition by respondent No.2- NHAI for the public purpose
namely for construction of Vadodara-Mumbai Express Way and he
C/SCA/1590/2022 ORDER DATED: 04/02/2022
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 Sherkhi, Taluka
and District: Vadodara 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. 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
C/SCA/1590/2022 ORDER DATED: 04/02/2022
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 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
C/SCA/1590/2022 ORDER DATED: 04/02/2022
proceedings.
8. The present petition, therefore, stands disposed of accordingly.
There shall be no order as to costs.
Sd/-
(ARAVIND KUMAR,CJ)
Sd/-
(NIRAL R. MEHTA,J)
VISHAL MISHRA
