Gujarat High Court
Vijyaben Amarsinh Darbar vs State Of Gujarat on 20 April, 2023
Bench: Biren Vaishnav
C/SCA/6726/2023 ORDER DATED: 20/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.6726 of 2023
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VIJYABEN AMARSINH DARBAR
Versus
STATE OF GUJARAT
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Appearance :
MR HIREN H SATANI for the Petitioners.
S M KIKANI for the Petitioners.
MS SHRUNJAL SHAH, AGP ON ADVANCE COPY SERVED TO GOVERNMENT
PLEADER for the Respondent Nos.1 & 2.
MS ARCHANA U AMIN for the Respondent Nos.3,4
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CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 20/04/2023
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR.
JUSTICE A. J. DESAI)
1. Learned advocate Ms. Archana Amin is permitted to file
her appearance for respondent Nos.3 and 4. Registry shall accept
the same.
2. Rule returnable forthwith. Mr. Utkarsh Sharma,
learned AGP and Ms. Archana Amin, learned advocate waive
service of notice of rule on behalf of the respective respondents.
3. With consent of learned advocates for the respective
parties, the matter is taken up for final hearing.
4. In this petition, the prayer of the petitioners is that the
C/SCA/6726/2023 ORDER DATED: 20/04/2023
award be recomputed in light of the order dated 12.09.2019 passed
by the Division Bench of this Court in Special Civil Application
No.8734 of 2019, by which, the respondents were directed to
compute the compensation by applying Factor - 2 as per the
provisions of Section 26(2) of the Right to Fair Compensation And
Transparency in Land Acquisition, Rehabilitation And Resettlement
Act, 2013.
5. Mr. S. M. Kikani, learned advocate appearing for the
petitioners, has relied upon the order dated 06.03.2023 passed by
this Court in Special Civil Application No.3756 of 2023 and allied
matters. Relevant Para - 5 of the above referred order reads as
under :-
"5. We have heard learned advocates appearing for
the respective parties and also gone through the order
dated 17.1.2023 passed by coordinate Bench of this
Court in Special Civil Application No.709 of 2023
which involves similar issue. Hence, we pass the
following order :-
(1) These petitions stand disposed of and in light of
the agreement on the part of petitioners for these
matters also being referred to competent authority
viz., respondent No.2 for consideration of claim of
parties by keeping open all the issues to be decided in
appropriate matter. We direct the respondent No.2 to
recompute the market value of the land of petitioners
by applying appropriate multiplication factor for the
amount of compensation by following the law laid
C/SCA/6726/2023 ORDER DATED: 20/04/2023
down by the Hon'ble Apex Court in all respects.
(2) The authority shall also keep in mind the
judgment rendered by the Hon'ble Apex Court in the
Special Leave Petition (Civil) Diary No. 18777 of 2020
as also decision of this Court in Special Civil
Application No. 8734 of 2019 and publish the award
under Section 20F of the Railways Act and this
exercise shall be undertaken within a period of eight
(8) weeks from the date of receipt of copy of this order.
Registry is directed to place a copy of this order in
each connected matters."
6. In view of the above, the respondents are directed to
consider the case of the petitioner for awarding the benefit of
Factor - 2 in light of the directions issued by this Court by passing
order dated 06.03.2023 in Special Civil Application No. 3756 of
2023 and allied matters within a period of 10 weeks from the date
of receipt of this order. In view of the above direction, present
petition stands disposed of.
(A. J. DESAI, ACJ)
(BIREN VAISHNAV, J)
SAVARIYA
