Patel Ashokbhai Bhailalbhai vs The Competent Authority, ...
2023 Latest Caselaw 3383 Guj

    C/SCA/7587/2023                                ORDER DATED: 26/04/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 7587 of 2023

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              PATEL ASHOKBHAI BHAILALBHAI
                          Versus
 THE COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF
                     INDIA & 3 other(s)
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Appearance:
PANKEET P AUNDHIYA(9421) for the Petitioner(s) No. 1
MR.MSULIK NANAVATI, ADVOCATE for the Respondent(s) No. 1,2,3
for the Respondent(s) No. 1,2,3
MS.SHRUNJAL SHAH, AGP for the Respondent(s) No. 4
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 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 26/04/2023

                        ORAL ORDER

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

1. We have heard Shri Pankeet Aundhiya, learned

counsel for the petitioner, Ms. Shrunjal Shah,

learned Assistant Government Pleader for

respondent No.1 - Special Land Acquisition

Officer and Shri Maulik Nanavati, learned

counsel appearing for respondent No.3.

2. Learned counsels for the parties agree that these

C/SCA/7587/2023 ORDER DATED: 26/04/2023

are matters identically covered by an order of a

coordinate Bench dated 23.04.2021 passed in

Special Civil Application No.5913 of 2021. The

said order of the coordinate Bench dated

23.04.2021 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 affirmed by the Supreme Court as the

Special Leave Petition filed by the State

Government has been dismissed on 07.01.2021,

the SLP (Civil) Diary number being 18777 of

2020.

3. Shri Maulik Nanavati, learned counsel for the

National Highway Authority of India states that if

it is found that the petitioner is entitled to

Factor-2 being applied for determination of their

compensation and other benefits, the National

C/SCA/7587/2023 ORDER DATED: 26/04/2023

Highway Authority of India would make the

deposit within 21 days of such determination.

4. In that view of the matter, we dispose of the

present petition also in the same terms as

contained in the judgment and order dated

23.04.2021 passed in Special Civil Application

No.5913 of 2021.

(A.J.DESAI, ACJ)

(BIREN VAISHNAV, J) ANKIT SHAH