Krupeshbhai Naraharibhai Patel vs Competent Authority National ...
2022 Latest Caselaw 264 Guj

      C/SCA/20308/2021                                   ORDER DATED: 07/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 20308 of 2021

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            KRUPESHBHAI NARAHARIBHAI PATEL
                         Versus
 COMPETENT AUTHORITY NATIONAL HIGHWAY AUTHORITY OF INDIA
          AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
M A HUSSENI(10096) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,3,4
MR. CHINTAN DAVE, AGP, ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP(99) for the Respondent(s) No. 2
MR. DEVANG VYAS, ASG for the respondent No. 4
MR. MAULIK NANAVATI, ADVOCATE for the respondent no. 1
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                              Date : 07/01/2022

                        ORAL ORDER

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

1. Learned counsel for the petitioner submits that copy of the petition would be supplied to the Mr. Devang Vyas, learned ASG of India. Registry to print his name in the cause-list.

2. We have heard Mr. Husseni, learned advocate appearing for the petitioner, Mr. Chintan Dave, 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.

3. By this Petition under Article 226 of the Constitution of

C/SCA/20308/2021 ORDER DATED: 07/01/2022

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 appropriate writ and/or order and/or direction and quash and set aside the impugned award dated 05.09.2017 bearing no. L.A.Q. Vadodara-Mumbai Expressway / Samayala Compensation Case No. 20/2013 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 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. L.A.Q. Vadodara-Mumbai Expressway / Samayala Compensation Case No. 20/2013 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 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

D. This Honourable Court may be further pleased to issue pass such other order/s as may be deemed fit in the interest of justice;"

4. It is the contention of learned counsel appearing for the petitioner that petitioner is an agriculturalist / farmer having agricultural land being Survey / Block No. 389 admeasuring 0- 38-45 hector arre Sq. Mtrs., Survey / Block No. 393/A

C/SCA/20308/2021 ORDER DATED: 07/01/2022

admeasuring 0-30-35 hector arre Sq. Mtrs., Survey / Block No. 393/B admeasuring 0-37-31 hector arre Sq. Mtrs., Survey / Block No. 398 admeasuring 0-42-49 hector arre Sq. Mtrs. and Survey / Block No. 399 admeasuring 1-69-97 H.R.A. Sq. Mtrs., situated in Moje Samiyala, Taluka Vadodara (Rural) & District Vadodara, Gujarat and he is tilling the said land. It is further contended that village Samiyala does not fall within the limits of Vadodara Municipal Corporation.

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 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.

6. Learned counsel for Respondent No. 1 - NHAI, further submitted that as in the other cases if it is found that the

C/SCA/20308/2021 ORDER DATED: 07/01/2022

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.

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 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.

9. 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