Patel Amrishbhai Vithalbhai ... vs Competent Authority, National ...
2023 Latest Caselaw 4657 Guj

     C/SCA/18529/2022                           ORDER DATED: 19/06/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


             R/SPECIAL CIVIL APPLICATION NO. 18529 of 2022

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  PATEL AMRISHBHAI VITHALBHAI SINCE DECD. THROUGH LHS
              ZARNABEN AMRISHBHAI PATEL
                         Versus
COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA
         AND DY. COLLECTOR AND SDM, VADODARA
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Appearance:
MR AJ YAGNIK(1372) for the Petitioner(s) No. 1
for the Respondent(s) No. 3
MR KRUTIK PARIKH, ASST GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
MR MAULIK NANAVATI, ADVOCATE FOR NANAVATI & CO.(7105) for the
Respondent(s) No. 2
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 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                            Date : 19/06/2023

                        ORAL ORDER

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

1. We have heard Mr. A.J.Yagnik, learned counsel for

the petitioners, Mr. Krutik Parikh, learned Assistant

Government Pleader for the State respondents and Mr.

Maulik Nanavati, learned counsel appearing for the

respondent - National Highway Authority of India.

C/SCA/18529/2022 ORDER DATED: 19/06/2023

2. At the outset, Mr. Yagnik has made a statement that

at present he is pressing this petition only for

applicability of Factor-2 to be applied while calculating

the compensation and finalizing the award as per the

judgment dated 12.09.2019 passed by a Division Bench of

this Court in a group of writ petitions led by Special Civil

Application No.8734 of 2019. He has further specifically

submitted that the benefit extended in paragraphs 19, 20

and 21 of the said judgment may be extended and applied

in the case of the present petitioner. It may be noted that

in some of the cases the earlier award given has been set

aside by this Court in writ petitions with a direction for

redetermination of compensation and for passing a fresh

order. In other matters, the earlier award needs to be

revised and a fresh award needs to be given in the light of

the judgment dated 12.09.2019 referred to above which

has since been affirmed by the Supreme Court and now

the State and National Highway Authority of India are

complying the same subject to fulfillment of the

C/SCA/18529/2022 ORDER DATED: 19/06/2023

conditions for getting the benefit of Factor-2. It may also

be noted here that in some of the matters pursuant to

interim order passed by this Court a draft award has also

been prepared and placed on record. However, it is more

or less admitted subject to verification, by the respondent

counsel that the petitioner would be entitled to the

benefit of Factor-2. It goes without saying that the benefit

would be extended so long as the petitioner is entitled

and eligible to the same depending upon the location of

land. Large number of orders have been passed directing

the competent authority to take a fresh decision

redetermining the compensation in light of the judgment

dated 12.09.2019 and we have also fixed eight weeks'

time to the competent authority to make the award and

further we have granted 21 days time to the National

Highway Authority of India to make necessary deposit so

that the land owners may get the benefit at the earliest.

3. Mr. Yagnik has also sought liberty that the petitioner

if aggrieved by the determination of the rate of land at

C/SCA/18529/2022 ORDER DATED: 19/06/2023

which the compensation is calculated is not satisfied he

may have the liberty to avail the remedy available under

the law for seeking enhancement. We make it clear that

we are not curtailing any right of the petitioner available

under law for claiming the highest compensation which

the petitioner can get subject to availing the appropriate

remedy in accordance to law and establishing his rights

for higher compensation.

4. In view of the above, we dispose of this petition with

a direction to the competent authority / Land Acquisition

Officer under the National Highways Act, 1956 to give a

fresh award in the light of the judgment dated 12.09.2019

passed in Special Civil Application No.8734 of 2019

keeping in mind the directions contained in paragraphs

19, 20 and 21 thereof within a period of eight weeks from

the date of the certified copy of this order is filed by the

petitioners before the competent authority. We further

direct that within 21 days from the date of award the

National Highway Authority of India shall deposit the

C/SCA/18529/2022 ORDER DATED: 19/06/2023

amount with the competent authority for disbursement to

the petitioner.

(A.J.DESAI, ACJ)

(BIREN VAISHNAV, J) DIVYA