Gujarat High Court
Parmar Tarunbhai Jashvantbhai vs Competent Authority, National ... on 6 January, 2022
Bench: Ashutosh J. Shastri
C/SCA/19270/2021 ORDER DATED: 06/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19270 of 2021
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PARMAR TARUNBHAI JASHVANTBHAI
Versus
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. KSHITIJ P VAKIL(7197) for the Petitioner(s) No. 1
for the Respondent(s) No. 3,4
MS. VRUNDA SHAH, AGP, ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP(99) for the Respondent(s) No. 2
MR MAULIK G NANAVATI(3318) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 06/01/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR)
1. We have heard Mr. Patel, learned advocate appearing for
the petitioner, Ms. Vrunda C. Shah, learned Assistant
Government Pleader for Respondent No. 2 - State, Mr. Maulik
Nanavati, learned counsel for Respondent No. 1 and Mr.
Devang Vyas, learned Assistant 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:
"12-A. This Honourable Court may be pleased to admit and
allow this petition; and
B. This Honourable Court may be further pleased to issue
C/SCA/19270/2021 ORDER DATED: 06/01/2022
appropriate writ and/or order and/or direction and quash
and set aside the award dated 05.09.2017 bearing no. LAQ
Vadodara-Mumbai Expressway / Nandesari Compensation
Case No. 10/2013 and additional/supplementary award
dated 15.07.2019 passed by the respondent no. 1 -
Competent Authority and Special Land Acquisition Officer
which are 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 Rehabiliation and Resettlement Act, 2013 has
been multiplied with factor 1 (one) instead of 2(two); and
C. This Honourable 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 05.09.2017 bearing no. LAQ
Vadodara-Mumbai Expressway / Nandesari Compensation
Case No. 10/2013 and additional/supplementary award
dated 15.07.2019, and recompute the compassionate
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 Rehabiliation 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
(C) This Honourable Court may be further pleased to
issue pass such other order/s as may be deemed fit in the
interest of justice;"
3. It is the contention of learned counsel appearing for the
petitioner that the petitioner is an agriculturalist / farmer
having agricultural land being Survey / Block No. 77/1 paiki 1
admeasuring 1112 H.R.A. Sq. Mtrs. situated in Nandesari,
Taluka & District Vadodara, Gujarat and he is tilling the said
land. It is further contended that said land does not fall within
the limits of Vadodara Municipal Corporation.
C/SCA/19270/2021 ORDER DATED: 06/01/2022
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. 1 - 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.1 - 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
C/SCA/19270/2021 ORDER DATED: 06/01/2022
23.04.2021 passed in Special Civil Application No.5913 of
2021.
7. However, it is clarified that if the Petitioner has moved
for redetermination 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)
(ASHUTOSH J. SHASTRI, J)
AMAR SINGH
