Gujarat High Court
Bharatbhai Harmanbhai Padhiyar ... vs The Competent Authority on 30 January, 2023
Bench: Ashutosh Shastri
C/SCA/19318/2022 ORDER DATED: 30/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19318 of 2022
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 19318 of 2022
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BHARATBHAI HARMANBHAI PADHIYAR HEIRS OF DECEASED HIRABEN
HARMANBHAI PADHIYAR
Versus
THE COMPETENT AUTHORITY
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Appearance:
MR HEMANT MAKWANA(3622) for the Petitioner(s) No.
1,10,11,12,2,3,4,5,6,7,8,9
MR NIRAJ SHARMA, AGP for the Respondent(s) No. 1
NANAVATI & CO.(7105) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 3
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
Date : 30/01/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR)
1. We have heard Mr.Hemant Makwana, learned
counsel for the petitioners, Mr.Niraj Sharma, learned
Assistant Government Pleader for Respondent No.1 and
Mr.Maulik Nanavati, learned counsel appearing for
Respondent No.2.
2. By this Petition under Article 226 of the Constitution
of India, petitioners have prayed for the following reliefs:
C/SCA/19318/2022 ORDER DATED: 30/01/2023
"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 No.1 to amend/modify/revise the
award dated 05.09.2017 bearing no.LAQ.Vadodara-
Mumbai express Way/ Sherkhi Compensation Case
No.13/2013 and recompute the compensation for
agricultural land bearing block/survey no.962 (Old Survey
No.528/7, 530/1) and block No.968 (Old Survey No.529/1,
530/3 of village Sherkhi, Tal. Vadodara, Dist. Vadodara of
the petitioners 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 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 petitioners."
3. It is the contention of learned Counsel appearing for
the petitioners that land of the present petitioners
situated at Village : Sherkhi, Taluka & District Vadodara
have been acquired by the respondents herein for the
purposes of construction of the Vadodara - Mumbai
expressway and the award for the same was declared on
5.9.2017 under the provisions of the Right to Fair
Compensation and Transparency in Land Acquisition
Rehabiliation and Resettlement Act, 2013. However, in
the Award there is no clear definition about giving
multiplier of factor 2, and Land Acquisition Officer, in his
award in para 15, specifically stated that in view of the
C/SCA/19318/2022 ORDER DATED: 30/01/2023
Resolution of the Revenue Department, being Resolution
No.GHB/22/UDA/1177/646(4) Q (2), the multiplier of 1
factor is to be given for calculating the market value.
However, the Government has decided by its another
Resolution No. LAQ/22/2014/179/GH dated 29.07.2016
to extend the multiplier of factor 2 for calculating the
market value.
Thereafter the Government by its resolution dated
10.11.2016 has decided the definition of urban area and
rural area. Subsequently, the Government by its
resolution dated 11.09.2018 has modified the urban and
rural area mentioned at Serial Nos. 3 and 4 in the
resolution dated 10.11.2016 as urban area for
applicability of the multiplier applying the same
resolution from the date of issuance of resolution and not
retrospectively.
4. The said amended resolution dated 11.09.2018 was
subject matter of the challenge before this Court in
Special Civil Application No. 8734 of 2019, wherein this
Court under order dated 12.09.2019 has set aside the
said resolution dated 11.09.2018.
5. At this juncture, learned counsel 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
C/SCA/19318/2022 ORDER DATED: 30/01/2023
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 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.
6. Learned counsel for State authorities has 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 - Authority No. 2 shall make deposit within
21 days of such determination.
7. 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 passed in Special Civil
Application No. 5913 of 2021.
C/SCA/19318/2022 ORDER DATED: 30/01/2023
8. The present Petition, therefore, stands disposed of
accordingly. There shall be no order as to costs.
9. Pending Civil Application, if any, stands consigned to
record.
(ARAVIND KUMAR,CJ)
(ASHUTOSH SHASTRI, J)
H.M. PATHAN
