Gujarat High Court
Thakkar Jayeshbhai Dhirubhai vs State Of Gujarat on 7 October, 2022
Bench: Ashutosh J. Shastri
C/SCA/19878/2022 ORDER DATED: 07/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19878 of 2022
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THAKKAR JAYESHBHAI DHIRUBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR AV PRAJAPATI(672) for the Petitioner(s) No. 1,2,3,3.1,4,5
for the Respondent(s) No. 2,3
MR KM ANTANI, AGP 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 : 07/10/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. We have heard Mr. A.V. Prajapati, learned counsel for the
petitioners, Mr. Tirthraj Pandya, learned Assistant Government
Pleader for Respondent No.1, 2 and 3 (state authorities).
2. By this Petition under Article 226 of the Constitution of
India, the petitioners have prayed for the following reliefs:
"A. Your Lordships may be pleased to direct the
Respondent to give the benefit of multiplier of 2 factor
instead of 1 by amending the award No.
3/11/Shahpur/Vashi/3295 to 3300/2014 dated
24.07.2014 and thereby pay the difference of amount of
compensation to the Petitioners with 18% interest in
view of the Order passed by this Hon'ble Court in
Special Civil Application No.8734 of 2019 dated
12.09.2019, subsequently, confirmed by the Hon'ble
Supreme Court in Special Leave Petition Civil Diary
No.18777 of 2020 dated 07.01.2021 and subsequently,
followed in Special Civil Application No.4399 of 2021
arising out of the same Award in the case of Petitioners
C/SCA/19878/2022 ORDER DATED: 07/10/2022
for their land which has been acquired by the
Respondents herein;
B. Your Lordships may be pleased to grant any further
relief, which may deemed fit, in the facts and
circumstances of the case."
3. It is the contention of learned Counsel appearing for
the petitioners that the land of the present petitioners
situated at Village : Shahpur, Taluka & District
Gandhinagar have been acquired by the respondents herein
for the purpose of development of Gift City and its roads
and the award for the same was declared on 24.07.2014
under the provisions of the old Act, i.e. the Land Acquisition
Act, 1894. As the Right to Fair Compensation and
Transparency in Land Acquisition Rehabilitation and
Resettlement Act, 2013 came into force on 01.01.2014, the
compensation was awarded under the provisions of the new
Act. However, in the Award there is no clear definition
about giving multiplier of factor 2, the Land Acquisition
Officer, in his award in para 9, specifically stated that in
view of the Resolution of the Revenue Department, being
Resolution No. LQ/22/2014/519, the multiplier of 1 factor is
given for calculating the market value. However, the
Government has decided by its another Resolution No. LAQ/
22/2014/179/GH dated 29.07.2016 to the multiplier of
factor 2 for calculating the market value.
Thereafter the Government by its resolution dated
10.11.2016 has decided the definition of urban area and
C/SCA/19878/2022 ORDER DATED: 07/10/2022
rural area. Subsequently, the Government by its resolution
dated 11.09.2018 has modified the urbal and rural area
mentioned at Serial Nos. 3 and 4 in the resolution dated
10.11.2016 as urban area for applicability of the multiplier
applying the same resolution from the date of issuance of
resolution and not retrospectively.
4. The said amended resolution dated 11.09.2018 was
subject matter of the challenge before this Court in Special
Civil Application No.8734 of 2019, wherein this Court under
order dated 12.09.2019 has set aside the said resolution
dated 11.09.2018.
5. At this juncture, learned counsel 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
C/SCA/19878/2022 ORDER DATED: 07/10/2022
in Special Civil Application No.12140 of 2021 dated
27.08.2021. It was, therefore, submitted that this Petition
may also disposed of, following the order passed in Special
Civil Application No.5913 of 2021 dated 23.04.2021.
6. Learned counsel for State authorities has 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 - Authority
No. 2 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. The present Petition, therefore, stands disposed of
accordingly. There shall be no order as to costs.
Sd/-
(ARAVIND KUMAR,CJ)
Sd/-
(ASHUTOSH J. SHASTRI, J)
OMKAR
