Harish Shantilal Shah vs Competent Authority
2023 Latest Caselaw 2949 Guj

     C/SCA/6374/2023                               ORDER DATED: 13/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 6374 of 2023
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                    HARISH SHANTILAL SHAH
                            Versus
                    COMPETENT AUTHORITY
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Appearance:
MR BIRJESHKUMAR N PATEL(9685) for the Petitioner(s) No. 1,2,3,4,5,6,7
MR KSHITIJ P VAKIL(7197) for the Petitioner(s) No. 1,2,3,4,5,6,7
MS MANVI DAMLE, ADVOCATE for the Respondent(s) No. 3,4
MR SANJAY UDHWANI, ASSTT. GOVERNMENT PLEADER for the Respondent(s) No. 1, 2
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  CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
        A.J.DESAI
        and
        HONOURABLE MR. JUSTICE BIREN VAISHNAV

                            Date : 13/04/2023

                          ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

[1.0] Present petition is filed with a prayer to quash and set aside the impugned award dated 05.09.2017 bearing No. L.A.Q. Vadodara-Mumbai Expressway / Samiyala Compensation Case No.20/2013 passed by the respondent No.1 only to the extent that the market value as determined under Section 26(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been multiplied with factor 1 (one) instead of 2 (two).

[2.0] Mr. Kshitij Vakil, learned advocate appearing for the petitioners would rely on an oral order dated 24.08.2021 in Special Civil Application Nos.11760/2021 and 10113/2021 passed on the basis of decision dated 12.09.2019 rendered by this Court in a group of petitions being Special Civil Application

C/SCA/6374/2023 ORDER DATED: 13/04/2023

Nos.8734/2019 and allied matters. In accordance therewith, the respondents are directed to decide the question whether the petitioners are entitled to Factor '2' being applied for determination of their compensation and other benefits. The Authority shall take a decision within a period of eight weeks from the date of receipt of the copy of the order and if the petitioners are entitled to the same, on such determination, the amounts shall be decided within period of three weeks thereafter. If the petitioners moved for re-determination of compensation before the Arbitrator under Section 3G(5) of the National Highways Act, 1956, the petitioners may not insist for Factor '2' claim or in the alternative the respondents may be permitted to apprise the Arbitrator of the said issue so that there is no further multiplicity or complication in the proceedings.

[3.0] We dispose of the present petition in the same terms in light of the judgment dated 12.09.2019 rendered by this Court in a group of petitions being Special Civil Application Nos.8734/2019 and allied matters.

(A.J. DESAI, ACJ)

(BIREN VAISHNAV, J.)

Ajay