Gujarat High Court
Varma Chimanlal Puransinh vs The Competent Authority And ... on 28 June, 2022
Bench: Ashutosh J. Shastri
C/SCA/11039/2022 ORDER DATED: 28/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11039 of 2022
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VARMA CHIMANLAL PURANSINH
Versus
THE COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION
OFFICER
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Appearance:
MS DEVANSHI K PATEL(11293) for the Petitioner(s) No. 1,2
MR CHINTAN DAVE, AGP for the Respondent(s) No. 1
MR MAULIK NANAVATI for respondent No.2
MR ANKIT SHAH for the Respondent(s) No. 3
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 28/06/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR)
1. Mr. Maulik Nanavati, learned counsel accepts notice for
respondent No.2. Learned AGP, Mr. Chintan Dave, is on
advance copy for respondent No.1. Mr. Ankit Shah, learned
Standing Counsel accepts notice for respondent No.3.
2. Heard learned advocates appearing for the respective
parties.
3. By this Petition under Article 226 of the Constitution of
C/SCA/11039/2022 ORDER DATED: 28/06/2022
India, the petitioners have prayed for the following reliefs:
"A. Your Lordships may be pleased to admit and
allow this petition.
B. Your Lordships may be pleased to issue 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 authority to
amend, modify, revise the award dated 5/09/2017
bearing No.
C. LAQ Vadodara-Mumbai-Expressway / for village
Rayka Compensation Case No. 09/2013 qua the
petitioners and re-compute the compensation
required lands for the petitioners by multiplying
the market value as determined U/s. 26(10) of the
said Act with a Factor-2 and Section 30(1),
interest U/s. 30(3) and be pleased to further
direct the respondent to pay the same with an
interest from 5/09/2017 at the rate of 9% for the
first year and 15% per annum for the subsequent
years till date of realization within 6 (six) weeks
of the judgment.
D. Pending admission, hearing and final disposal of
the petition, Your Lordships may be pleased to
restrain the respondent from using, altering,
making any construction of any kind on the lands
of the petitioners.
E. Any other relief deemed just and proper may
please be granted in the interest of justice."
4. It is the contention of learned counsel appearing for the
petitioners that petitioner No.1 is the owner and occupant of
agricultural land bearing Survey/Block No.440 admeasuring
15075 sq. mtrs. while petitioner No.2 is the owner and occupant
C/SCA/11039/2022 ORDER DATED: 28/06/2022
of agricultural land bearing Survey/Block No.441 admeasuring
5564 sq.mtrs. and land bearing Survey/Block No.438
admeasuring 4755 sq.mtrs. situated in the sim of Village Rayka,
Taluka and 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 they were
cultivating the said lands and were dependent upon the same
for their livelihood. It is further contended that said land is
situated in a rural area falling within the limits of Gram
Panchayat of Rayka 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 them.
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
C/SCA/11039/2022 ORDER DATED: 28/06/2022
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. 2- NHAI, further
submitted that as in the other cases if it is found that the
petitioners are 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.
7. Thus, following the decision of the Coordinate Bench
rendered in Special Civil Application No.5913 of 2021 dated
C/SCA/11039/2022 ORDER DATED: 28/06/2022
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 petitioners have
moved for re-determination of compensation before the
Arbitrator under Section 3G (5) of the National Highways Act,
1956, they 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)
RADHAKRISHNAN K.V.
