Gujarat High Court
Dineshbhai Chotabhai Patel vs Competent Authority, National ... on 2 January, 2023
Bench: Ashutosh J. Shastri
C/SCA/18152/2022 ORDER DATED: 02/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18152 of 2022
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DINESHBHAI CHOTABHAI PATEL
Versus
COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA,
AND SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR HEMANT MAKWANA(3622) for the Petitioner(s) No. 1
MR. NIRAJ SHARMA, LD. ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
KSHITIJ M AMIN(7572) for the Respondent(s) No. 3
NANAVATI & CO.(7105) for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 02/01/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR)
1. We have heard Mr. Hemant Makwana, learned
advocate appearing for the petitioner, Mr. Niraj Sharma,
learned Assistant Government Pleader for respondent
No.1, Mr. Maulik Nanavati, learned counsel for
respondent No.2 (National Highway Authority of India)
and Mr. Kshitij Amin, learned Central Government
Standing Counsel for respondent No.3.
C/SCA/18152/2022 ORDER DATED: 02/01/2023
2. By this petition under Article 226 of the Constitution
of India, the petitioner has prayed for the following
reliefs:
"(A) Your Lordships may be pleased to issue a writ
of mandamus or a writ in the nature of mandamus or
any other writ, order or direction and thereby be
pleased to direct the respondent no.1 to
amend/modify/revise the award dated 05.09.2017
bearing no.LAQ Vadodara-Mumbai Express
Way/Dodka Compensation Case No.7/2013 and
recompute the compensation admeasuring 5767 Sq.
Mtrs. bearing block/survey no.311(Old Survey
No.241/1) in village Dodka, Taluka: Vadodara,
District: Vadodara of the petitioner by multiplying
the market value as determined under section 26(1)
of the LARR, 2013 Act with a Factor 2 (two) and
applying all other statutory benefits as provided
under the LARR Act, 2013 including Solatium under
S. 30 (1), interest under S.30(3) and be further
pleased to direct the respondents to pay the same,
with interest from 05.09.2017 @ 9% for the first
year and 15% per annum for subsequent years till
date of realization within 6 weeks of the judgment;
(B) Pending admission, hearing and final disposal
of the petition, Your Lordships may be pleased to
restrain the respondents from using, altering,
making any construction of any kind on the land of
the petitioner;
(C ) Any other and further relief may be deemed
just and proper in the facts and circumstances of the
case may pleased be granted."
3. It is the submission of Mr. Hemant Makwana,
learned advocate appearing for the petitioner that the
C/SCA/18152/2022 ORDER DATED: 02/01/2023
dispute pertains to land situated at Block/Survey No.311
(Old Survey No.241/1) of Village Dodka, Taluka and
District- Vadodara admeasuring 5767 sq.mtrs. The land in
question according to learned advocate Mr. Makwana is
not falling within the limits of any 'transitional area,
smaller urban area or larger urban area' as defined and
specified under Article 243Q (2) and is not part of any
area falling within the limits of any Urban Local body or
Municipality or Municipal Corporation and as such, the
land in not covered under any urban area. According to
learned advocate Mr. Makwana, the major economic
activity is agriculture and there are no significant non-
agriculture activities in the village or surrounding area
and the village limits of Vadodara Urban Development
Authority, however, no T.P. Scheme is proposed in the
area and the land is still in agriculture zone. It is
contended that by virtue of Notification dated 09.01.2014,
issued by the Government of India in exercise of power
under Section 3A of the National Highways Act, 1956 the
land of the petitioner was undertaken for acquisition for
C/SCA/18152/2022 ORDER DATED: 02/01/2023
the purpose of construction of Vadodara-Mumbai Express
way and by virtue of further Notification under Section
3D, published on 29.12.2014, the land vested in
respondent no. 3. It is contended that for the purpose of
compensation, the competent authority passed an award
on 05.09.2017 in Compensation Case No.07/2013 and the
market value of the acquired land was arrived and though
the acquired land is situated in rural area, the authority
i.e. respondent No.2 applied factor 1 and not factor 2.
Hence, the present petition. The main grievance raised in
the petition is that erroneously respondent no. 2 authority
applied factor 1 instead of factor 2.
4. At this juncture, learned counsels appearing for the
respective parties submitted that the issue involved in
this petition is identical to the issue decided by the
Coordinate Bench of this Court in case of Shah Rajesh
Manibhai vs. National Highway Authority of India
rendered in Special Civil Application No. 5913 of 2021
dated 23.04.2021. The said order is further based upon a
Division Bench judgment of this Court dated 12.09.2019
C/SCA/18152/2022 ORDER DATED: 02/01/2023
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 in Special Leave Petition (Civil)
Diary No. being 18777 of 2020. It is also submitted that
the issue in the present case is identical to the case of
Dilipbhai Ganpatbhai Parmar vs. Competent Authority
rendered in Special Civil Application No.12140 of 2021
dated 27.08.2021. It was, therefore, submitted that this
petition may also be disposed of, following the order
passed in Special Civil Application No.5913 of 2021 dated
23.04.2021. No other submissions were made.
5. Learned counsel for respondent No.2 - NHAI, further
submitted that as in the other cases if it is found that the
petitioners are entitled to Factor-"2" being applied for
determination of compensation and other benefits,
respondent No.2 - Authority shall make deposit within 21
days of such determination.
6. Thus, following the decision of the Coordinate Bench
C/SCA/18152/2022 ORDER DATED: 02/01/2023
rendered in Special Civil Application No.5913 of 2021
dated 23.04.2021, the present petition is disposed of with
the same directions and terms as contained in the order
dated 23.04.2021 passed in Special Civil Application No.
5913 of 2021.
7. However, it is clarified that if the petitioner has
moved for re-determination of compensation before the
Arbitrator under Section 3G (5) of the National Highways
Act, 1956, the petitioner may not insist for Factor-"2"
claim or in the alternative the respondents may be
permitted to appraise the Arbitrator of the said issue, so
that there is no further multiplicity or complications in
the proceedings.
8. The present petition, therefore, stands disposed of
accordingly. There shall be no order as to costs.
(ARAVIND KUMAR,CJ)
(ASHUTOSH J. SHASTRI, J)
Vahid
