Gujarat High Court
Abdullah Isa Ali Hafeji vs Competent Authority, Nhai, ... on 2 May, 2022
Bench: Ashutosh J. Shastri
C/SCA/8466/2022 ORDER DATED: 02/05/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8466 of 2022
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ABDULLAH ISA ALI HAFEJI
Versus
COMPETENT AUTHORITY, NHAI, SPECIAL LAND ACQUISITION
OFFICER AND DY. COLLECTOR, BHARUCH
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Appearance:
MR AJ YAGNIK(1372) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR KM ANTANI ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR MAULIK NANAVATI for Respondent (s) No. 2
MR KSHITIJ AMIN for 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 : 02/05/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. We have heard Mr. A.J. Yagnik, learned advocate
appearing for the petitioner, Mr. K.M. Antani, learned Assistant
Government Pleader for respondent No.1, Mr. Maulik Nanavati,
learned counsel for respondent No. 2 (National Highway
Authority of India) and Mr. Kshitij Amin, learned Central
Government Standing Counsel 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/8466/2022 ORDER DATED: 02/05/2022
"(A) Your Lordships may be pleased to hold and declare
that land acquisition award for Village Dahegam annexed
at Annexure-C passed by the respondent Competent
Authority And Special Land Acquisition Officer under
Section 3G(1) of the National Highways Act, 1956, in
connection with acquisition of land for construction of
Vadodara-Mumbai Six/Eight Lane Expressway and to the
extent of determination of compensation as illegal and
unconstitutional and Be further pleased to quash and set
aside the impugned award only to the extent of manner
and method in which the amount of compensation is
determined and the actual amount is awarded without
disturbing the entire land acquisition proceedings.
(B) Your Lordships be pleased to direct the respondent
Competent Authority/Special Land Acquisition Officer and
the respondent National Highway Authority of India, in
light of the ratio laid down by this Hon'ble Court in
judgment and order dated 12.09.2019 passed in SCA No.
8734 of 2019 and confirmed by the Hon'ble Supreme
Court vide order dated 07.01.2021 passed in Special
Leave Petition (Civil) Diary No. 18777 of 2020, to apply
multiplying factor 2.00 instead of 1.00 and thereby
recalculate the compensation and Be further pleased to
direct the respondent Competent Authority/Special Land
Acquisition Officer and respondent National Highway
Authority of India to award the recalculated compensation
within a period of three months from the date of the order.
(C ) Your Lordships be pleased to direct the respondents
to recompute the compensation qua the lands of the
petitioner by multiplying the market value as determined
under Section 26(1) of the Act of 2013 with Factor 2 as
per Section 26(2) and applying all other statutory benefits
including solatium under Section 30(1), interest under
Section 30(3) of the Act of 2013 and determine and pay
such compensation with interest as per the ratio laid down
by this Hon'ble Court in SCA 8734 of 2019 and other
cognate matters and as confirmed by the Hon'ble
Supreme Court passed in Special Leave Petition (Civil)
Diary No. 18777 of 2020.
C/SCA/8466/2022 ORDER DATED: 02/05/2022
(D) Be pleased to grant ad-interim or interim relief in
terms of Clause B.
(E) To pass any other and further reliefs that may be
deemed fit and proper in the interest of justice and
equity."
3. It is the submission of Mr. Yagnik, learned advocate
appearing for the petitioner that petitioner is the landholder
who has his respective piece of agricultural land bearing
Survey/Block No, 79 and 80/1 (stated as Survey No. 80 in
award) of Village Dahegam, Taluka : Bharauch, District :
Bharuch. For Survey No. 79, out of the total land of the
petitioner, about 0.1208 Hectares is going under acquisition and
qua Survey No.80/1, out of the total land about 0.5521 hectares
is going under acquisition. The said lands are under cultivation
and he is totally dependent upon it for his livelihood. The lands
in question, according to Mr. Yagnik, 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 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. Yagnik, learned advocate, the major economic
activity is agriculture and there are no significant non
C/SCA/8466/2022 ORDER DATED: 02/05/2022
agricultural activities in the village or surrounding area and the
village limits of 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 06.08.2013 issued by Government of India, in exercise of
power under Section 3A of the National Highways Act, 1956,
the lands in question of the petitioner were undertaken for
acquisition for the purpose of construction of Vadodara -
Mumbai Express way and by virtue of further Notification under
Section 3D, published on 25.07.2014, the lands vested in
respondent no. 3. It is contended that for the purpose of
compensation, the competent authority passed an award dated
28.09.2017 bearing No. NHAI/20/13 and the market value of the
acquired lands was arrived at and though the lands acquired are
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
C/SCA/8466/2022 ORDER DATED: 02/05/2022
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. 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
C/SCA/8466/2022 ORDER DATED: 02/05/2022
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
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
