Gujarat High Court
Rajnikant Manilal Patel vs Competent Authority, National ... on 10 October, 2022
Bench: Ashutosh J. Shastri
C/SCA/20073/2022 ORDER DATED: 10/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20073 of 2022
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RAJNIKANT MANILAL PATEL
Versus
COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF
INDIA AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR PANKEET P AUNDHIYA(9421) for the Petitioner(s) No. 1
MR KM ANTANI, ASST. GOVERNMENT PLEADER for Respondent No. 1
MR MAULIK NANAVATI for the Respondent(s) No. 2
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 : 10/10/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. We have heard Mr.Pankeet Aundhiya, learned
advocate appearing for petitioner, Mr.K.M.Antani,
learned Assistant Government Pleader for respondent
No.1 and Mr.Maulik Nanavati, learned counsel for
respondent No.2 (National Highway Authority of India),
who is permitted to file Vakaltnama and memo of
appearance.
2. By this petition under Article 226 of the Constitution
of India, the petitioner has prayed for the following
reliefs:
C/SCA/20073/2022 ORDER DATED: 10/10/2022
"(A) Your Lordships may be pleased to issue a writ
of mandamus or a writ in the nature of mandamus
or a writ of certiorari or a writ in the nature of
certiorari or any other appropriate writ, direction
or or order and be pleased to direct the Respondent
No.1 to amend/modify/revise the award dated
27/07/2022 bearing No.LAQ.Vadodara-Mumbai
Express way/ Fajalpur (sakardada) Compensation
Case No.9/2013 and re-compute the compensation
qua the lands of the petitioners by multiplying the
market value as determined under section 26(1) of
the LARR, 2013 Act with 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 27/07/2022 (date of
award) @ 9% for the first year and 15% per annum
for subsequent years till date of realization within 6
weeks of the Judgment;
(B) Pending admission, hearing and final disposal of
this petition, your lordship may be pleased to
restrain the respondents from using, altering,
making any construction of any kind on the land of
the petitioners;
(C) Any other and further relief deemed just and
proper be granted in the interest of justice;
(D) To provide for the cost of this petition."
3. It is the submission of Mr.Pankeet Aundhiya, learned
advocate appearing for petitioner that the dispute
pertains to land situated at Survey No.35 of Village
Fajalpur (Sakadra), Taluka Vadodara Rural and District-
C/SCA/20073/2022 ORDER DATED: 10/10/2022
Vadodara admeasuring 11,534 sq.mtrs. The land in
question according to learned advocate Mr. Aundhiya 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 in not covered under any urban area. According to
learned advocate Mr.Aundhiya, the major economic
activity is agriculture and there are no significant non-
agriculture activities in the village or surrounding area
and the village limits of Vadodara Urban Development
Authority, however, no T.P. Scheme is proposed in the
area and the land is still in agriculture zone. It is
contended that by virtue of Notification dated 03.03.2014,
issued by the 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
C/SCA/20073/2022 ORDER DATED: 10/10/2022
3D, published on 05.03.2015, the land vested in
respondent No. 3. It is contended that for the purpose of
compensation, the competent authority passed an award
on 27.07.2022 in Compensation Case No.9 of 2013 and
the market value of the acquired land was arrived and
though the acquired land 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
C/SCA/20073/2022 ORDER DATED: 10/10/2022
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 determination.
6. Thus, following the decision of the Coordinate Bench
rendered in Special Civil Application No.5913 of 2021
C/SCA/20073/2022 ORDER DATED: 10/10/2022
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)
GAURAV J THAKER
