Gujarat High Court
Harshvadan Babubhai Patel vs The Competent Authority, ... on 31 March, 2022
Bench: Ashutosh J. Shastri
C/SCA/6256/2022 ORDER DATED: 31/03/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6256 of 2022
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HARSHVADAN BABUBHAI PATEL
Versus
THE COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF
INDIA AND SPECIAL LAND ACQUISITION OFFICER
=============================================
Appearance:
MR YV VAGHELA(2450) for the Petitioner(s) No. 1
MS DIVYANGANA JHALA ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR MAULIK NANAVATI for NANAVATI & CO.(7105) for the Respondent(s)
No. 2
MR DEVANG VYAS 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 : 31/03/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. We have heard Mr. Y.V. Vaghela, learned advocate
appearing for the petitioner, Ms. Divyangana Jhala, learned
Assistant Government Pleader for respondent No.1, Mr. Maulik
Nanavati, learned counsel for respondent No. 2 (National
Highway Authority of India) and Mr. Devang Vyas, learned
Assistant 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:
C/SCA/6256/2022 ORDER DATED: 31/03/2022
"(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 25.05.2017 bearing No. LAQ. Vadodara -
Mumbai Express Way/Darapura Compensation Case No.
23/2013 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 25.05.2017 @ 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 submission of Mr. Vaghela learned advocate
appearing for the petitioner that petitioner is an agriculturists
and is holding total agricultural land admeasuring 2-45-07
Ha.Ra.Sq.Mtrs, bearing Block No. 88 within the ceiling limit
prescribed in village Darapura, Taluka : Padra, 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. Vaghela, learned advocate is not falling within
C/SCA/6256/2022 ORDER DATED: 31/03/2022
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 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. Vaghela, 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 25.05.2017 bearing No.
LAQ./Vadodara - Mumbai Express Way/ Darapura Compensation
Case No. 23/2013 and the market value of the acquired lands
C/SCA/6256/2022 ORDER DATED: 31/03/2022
was arrived at INR 5,80,18,276/- 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.
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,
C/SCA/6256/2022 ORDER DATED: 31/03/2022
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.
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 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 23.04.2021
passed in Special Civil Application No.5913 of 2021.
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
C/SCA/6256/2022 ORDER DATED: 31/03/2022
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)
phalguni
