Belim Abbasmiyia Gulabmiya vs Competent Authority, National ...
2023 Latest Caselaw 3047 Guj

    C/SCA/15972/2022                           ORDER DATED: 19/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 15972 of 2022

                                With
            R/SPECIAL CIVIL APPLICATION NO. 15973 of 2022
                                With
            R/SPECIAL CIVIL APPLICATION NO. 15974 of 2022
==========================================================
              BELIM ABBASMIYIA GULABMIYA
                         Versus
COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA
       AND DEPUTY COLLECTOR AND SUB DIVISIONAL
==========================================================
Appearance:
MR NIRAV C BHATT(7420) for the Petitioner(s) No. 1
MS SHRUNJAL SHAH, AGP for the Respondent(s) No. 1,3
NANAVATI & CO.(7105) for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                           Date : 19/04/2023

                        ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI)

1. Present petitions are filed with prayers to quash and

set aside the impugned award 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

C/SCA/15972/2022 ORDER DATED: 19/04/2023

multiplied with factor 1 (one) instead of 2 (two).

2. Mr. Nirav Bhatt, 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 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'

C/SCA/15972/2022 ORDER DATED: 19/04/2023

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. We dispose of the present petitions 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) DIVYA