Belim Abbasmiya Gulabmiya vs National Highway Authority Of ...
2023 Latest Caselaw 3048 Guj

    C/SCA/15941/2022                           ORDER DATED: 19/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 15941 of 2022

==========================================================
                      BELIM ABBASMIYA GULABMIYA
                                Versus
                 NATIONAL HIGHWAY AUTHORITY OF INDIA
==========================================================
Appearance:
NIRAV C BHATT(7420) for the Petitioner(s) No. 1,2
MS SHRUNJAL SHAH, AGP for the Respondent(s) No. 1
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 petition is filed with a prayer 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 multiplied with factor 1

(one) instead of 2 (two).

C/SCA/15941/2022 ORDER DATED: 19/04/2023

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'

claim or in the alternative the respondents may be

permitted to apprise the Arbitrator of the said issue so

C/SCA/15941/2022 ORDER DATED: 19/04/2023

that there is no further multiplicity or complication in the

proceedings.

3. 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) DIVYA