Gujarat High Court
Parmar Vasantben Kiritsinh vs Union Of India on 3 January, 2023
Bench: Ashutosh J. Shastri
C/SCA/26644/2022 ORDER DATED: 03/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 26644 of 2022
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PARMAR VASANTBEN KIRITSINH
Versus
UNION OF INDIA
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Appearance:
MR YASH J PATEL(11240) for the Petitioner(s) No. 1,2,3,4,5
MR PARTH M. BHATT for the Respondent(s) No. 1
MR MAULIK NANAVATI for the Respondent(s) No. 2
MS SHRUNJAL SHAH, AGP for the Respondent(s) No. 3
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 03/01/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR)
1. We have heard Mr. Yash J. Patel, learned advocate
appearing for the petitioners, Mr. Parth M. Bhatt, learned
advocate for respondent No. 1, Mr. Maulik Nanavati, learned
advocate for respondent No. 2 (National Highway Authority of
India) and Ms. Shrunjal Shah, learned Assistant Government
Pleader for respondent No. 3.
2. By this petition under Article 226 of the Constitution of
India, petitioners have prayed for the following reliefs:
C/SCA/26644/2022 ORDER DATED: 03/01/2023
"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 number 3 to amend/modify/revise
the award dated 05/09/2017 bearing No. LAQ.
Vadodara - Mumbai Express Way/ Sherkhi
Compensation Case No. 13/2013 and re-
compute the compensation qua the lands of the
petitioner by multiplying the market value as
determined under section 26(1) of the LARR,
2013 Act with a Factor of 2(two) and applying
all other statutory benefits as provided under
the LAAR 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 realisation 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 reliefs may be deemed
just and proper in the facts and circumstances
please be granted."
3. It is the submission of Mr. Yash Patel, learned advocate
appearing for the petitioners that petitioners are agriculturists,
bearing Survey No. 651, Block No.379/3 within the ceiling limit
prescribed in Village: Sherkhi, Taluka: Vadodara (Rural),
C/SCA/26644/2022 ORDER DATED: 03/01/2023
District: Vadodara. The said land is under cultivation and they
are totally dependent upon it for their livelihood. The land in
question, according to Mr. Patel, learned advocate 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 is not covered under any urban area.
According to Mr. Patel, learned advocate, the major economic
activity is agriculture and there are no significant non
agricultural activities in the village or surrounding area and the
village limits of Vadodara Urban Development Area Authority,
however, no T.P. Scheme is proposed in the area and the lands
are still in agriculture zone. It is contended that by virtue of
Notification dated 03.03.2014, issued by 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 the purpose of construction of Vadodara -
Mumbai Express way and by virtue of further Notification under
Section 3D, published on 05.09.2017, the lands vested in
C/SCA/26644/2022 ORDER DATED: 03/01/2023
respondent no.3. It is contended that for the purpose of
compensation, the competent authority passed an award dated
05.09.2017 bearing No. LAQ. Vadodara - Mumbai Express Way/
Sherkhi Compensation Case No. 13/2013 and the market value
of the acquired lands was arrived at and though the land
acquired 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 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
C/SCA/26644/2022 ORDER DATED: 03/01/2023
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
petitioner is 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
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
C/SCA/26644/2022 ORDER DATED: 03/01/2023
passed in Special Civil Application No.5913 of 2021.
7. However, it is clarified that if the petitioners have 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)
Bharat
