Gujarat High Court
Hareshbhai Padmakant Dave vs Competent Authority, National ... on 10 February, 2022
Bench: Niral R. Mehta
C/SCA/3033/2022 ORDER DATED: 10/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3033 of 2022
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HARESHBHAI PADMAKANT DAVE
Versus
COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA
AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
PANKEET P AUNDHIYA(9421) for the Petitioner(s) No. 1
MR DM DEVNANI, AGP for Respondent Nos.1-4
MS AYUSHI THAKKAR for NANAVATI & CO.(7105) for the Respondent No.
2
MR DEVANG VYAS, ASG for Respondent No.3
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 10/02/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. Ms.Ayushi Thakkar, learned counsel submits that she has
received copy of Special Civil Application. Registry to print name of
Ms.Ayushi Thakkar, learned counsel as counsel appearing for
respondent No.2.
2. We have heard Mr.Pankeet P. Aundhiya, learned counsel for
the petitioner, Mr.D.M.Devnani, learned Assistant Government
Pleader for respondent Nos.1 and 4, Ms.Ayushi Thakkar, learned
counsel for respondent No. 2 (National Highway Authority of India)
and Mr. Devang Vyas, learned Additional Solicitor General of India
for respondent No.3.
3. By this petition under Article 226 of the Constitution of India,
C/SCA/3033/2022 ORDER DATED: 10/02/2022
the petitioner has prayed for the following reliefs:
"(A) 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
5.9.2017 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 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 same, with interest from 5.9.2017 @ 9% for the first year
and 15% per annum for subsequent years till date of
realisation within 6 weeks of the Judgment;
(C) 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;
(D) Any other and further reliefs may be deemed just and
proper in the facts and circumstances of the case may please
be granted."
4. It is the submission of Mr.Pankeet P. Aundhiya, learned
counsel for the petitioner that petitioner is an agriculturist and is
holding total agricultural land admeasuring 4960 Hector Are.
Sq.Mtrs, bearing Block No.523 within the ceiling limit prescribed in
village Sherkhi, Taluka - Vadodara (Rural), District - Vadodara . The
said land is under cultivation and he is totally dependent upon it for
his livelihood. The land in question, according to Mr.Pankeet P.
Aundhiya, 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) and is not part of any
C/SCA/3033/2022 ORDER DATED: 10/02/2022
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.Pankeet P. Aundhiya, 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 03.03.2014, 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. 3. It is contended
that for the purpose of compensation, the competent authority
passed an award dated 5.9.2017 bearing no.LAQ. Vadodara-Mumbai-
Express Way/ Sherkhi Compensation Case No.13/2013 and the
market value of the acquired lands was arrived at and though the
land acquired is situated in rural area, the authority i.e. respondent
No.2 applied factor 1 and not factor 2. Hence, the present petition.
The main grievance raised in the petition is that erroneously
respondent no. 2 - authority applied factor 1 instead of factor 2.
5. 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
C/SCA/3033/2022 ORDER DATED: 10/02/2022
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.
6. 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.
7. 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.
8. 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/3033/2022 ORDER DATED: 10/02/2022
9. 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
