Dharminbhai Rameshbhai Dalal vs State Of Gujarat
2023 Latest Caselaw 517 Guj

    C/SCA/709/2023                        ORDER DATED: 17/01/2023




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 709 of 2023
                                 With
          R/SPECIAL CIVIL APPLICATION NO. 710 of 2023
                                 With
          R/SPECIAL CIVIL APPLICATION NO. 711 of 2023
                                 With
          R/SPECIAL CIVIL APPLICATION NO. 712 of 2023
                                 With
          R/SPECIAL CIVIL APPLICATION NO. 713 of 2023
                                 With
          R/SPECIAL CIVIL APPLICATION NO. 714 of 2023
                                 With
          R/SPECIAL CIVIL APPLICATION NO. 715 of 2023
                                 With
          R/SPECIAL CIVIL APPLICATION NO. 716 of 2023
                                 With
          R/SPECIAL CIVIL APPLICATION NO. 717 of 2023
                                 With
          R/SPECIAL CIVIL APPLICATION NO. 718 of 2023
=============================================
                 DHARMINBHAI RAMESHBHAI DALAL
                                Versus
                          STATE OF GUJARAT
=============================================
Appearance: (SCA 709/2023 To SCA 713/2023)
MR DIGANT M POPAT(5385) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4
MR NIRAJ SHARMA ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1

Appearance: (SCA 714/2023 To SCA 718/2023)
MR DIGANT M POPAT(5385) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4
MS SHRUNJAL SHAH ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
=============================================

  CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
                           and
        HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI

Date : 17/01/2023

ORAL COMMON ORDER



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      C/SCA/709/2023                                 ORDER DATED: 17/01/2023




(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)


1.    In     these    petitions,      petitioners   have        sought          for

consideration of representations/applications submitted to the

competent authority and Special Land Acquisition Officer,

raising their grievance about the factor to be applied for

determination of compensation by contending inter alia that

same has not been decided and it is pending consideration

before the authority.



2.    The learned counsel appearing for the petitioners has

placed on record order passed under similar circumstance by

the co-ordinate Bench in Special Civil Application 5913 of 2021

dated 23.04.2021, where-under, the following order came to be

passed:

      "7 Having, thus, heard, learned Advocates on both the
      sides and considering the rival submissions so also
      noticing the agreement on the part of the petitioners
      for this matter being referred to the competent
      authority for re-computation of the compensation,
      without dealing with the submissions of exclusivity of
      competent     authority     for   determination     of
      compensation and keeping the same open, to be
      decided in an appropriate matter, we deem it
      appropriate to DIRECT the competent authority to re-
      compute the market value of the land of the
      petitioners herein, by applying the appropriate


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      C/SCA/709/2023                              ORDER DATED: 17/01/2023




      multiplication factor for the amount of compensation
      and follow the dictum of the Apex Court in all
      respects. We reiterate that while so doing, it shall
      BEAR IN MIND the decision of the Apex Court in SLP
      (Civil) Diary No. 18777 of 2020 so also the decision of
      this Court in SCA No. 8734 of 2019 and publish the
      corrected award under Section 3-G(1) of the Act."


3.    Ms.     Archana   Amin,    learned      counsel    appearing           for

respondents 3 and 4 and Mr. Niraj Sharma and Ms. Shrunjal

Shah, learned Assistant Government Pleaders' appearing for

respondents 1 and 2 would also not dispute the fact of cognate

Bench having passed orders under similar circumstances which

is referred to herein-above. In the light of aforestated

circumstances, we are of the considered view that if similar

direction is issued to respondent 2, it would suffice and meet

the ends of justice.



4.    Hence, we proceed to pass 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., second respondent for consideration of claim of parties by

C/SCA/709/2023 ORDER DATED: 17/01/2023

keeping open all the issues to be decided in appropriate matter. We direct the second respondent 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 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.

(ARAVIND KUMAR,CJ)

(ASHUTOSH SHASTRI, J) phalguni