Gujarat High Court
Diwan Usmansha Gulzarsha vs The Competent Authority, ... on 7 February, 2022
Bench: Niral R. Mehta
C/SCA/2543/2022 ORDER DATED: 07/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2543 of 2022
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DIWAN USMANSHA GULZARSHA
Versus
THE COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY
OF INDIA AND SPL. LAND ACQUISITION OFFICER
=====================================================
Appearance:
MR YV VAGHELA(2450) for the Petitioner(s) No. 1,2
MR. DHARMESH DEVNANI, AGP for the Respondent(s) No. 1
MR. MAULIK NANAVATI for the Respondent(s) No. 2
MR. DEVANG VYAS, 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 : 07/02/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR)
1. We have heard Mr. Y.V.Vaghela, learned counsel appearing
for the petitioner, Mr.Dharmesh Devnani, learned Assistant
Government Pleader for respondent No.1, 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,
the petitioner has prayed for the following reliefs:
"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 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.20/2013 and
C/SCA/2543/2022 ORDER DATED: 07/02/2022
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 the petitioner is agriculturist and is holding total
agricultural land admeasuring 0-28-33 Ha. Ra. Sq. Mtr., bearing
survey No.378 within the ceiling limits of Village: Samiyala, Taluka
& 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 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 Samiyala, Taluka &
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
C/SCA/2543/2022 ORDER DATED: 07/02/2022
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 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.
C/SCA/2543/2022 ORDER DATED: 07/02/2022
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.
Sd/-
(ARAVIND KUMAR,CJ)
Sd/-
(NIRAL R. MEHTA,J)
VISHAL MISHRA
