Ashokbhai Manubhai Patel vs The Competent Authority
2023 Latest Caselaw 2255 Guj

     C/SCA/1601/2023                            ORDER DATED: 14/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 1601 of 2023

                                With
         CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2023
           In R/SPECIAL CIVIL APPLICATION NO. 1601 of 2023
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                       ASHOKBHAI MANUBHAI PATEL
                                Versus
                       THE COMPETENT AUTHORITY
==========================================================
Appearance:
MR HEMANT MAKWANA(3622) for the Petitioner(s) No. 1,2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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 : 14/03/2023

                        ORAL ORDER

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

1. Amendment is allowed. To be carried out forthwith.

Civil Application is allowed accordingly.

2. We have heard Mr. Hemant Makwana, learned

advocate for the petitioners, Ms. Manvi Damale, learned

advocate appearing on behalf of Mr. Maulik Nanavati,

C/SCA/1601/2023 ORDER DATED: 14/03/2023

learned advocate for respondent no. 2 - NHAI and Ms.

Shrunjal Shah, learned Assistant Government Pleader for

the State respondents.

3. Learned counsels for the parties agree that this is a

matter identically covered by an order of a coordinate

Bench dated 23.04.2021 passed in Special Civil

Application No.5913 of 2021. The said order of the

coordinate Bench dated 23.04.2021 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, the SLP (Civil) Diary number

being 18777 of 2020.

4. In view of the above, we dispose of the present petition

also in the same terms as contained in the judgment and

order dated 23.04.2021 passed in Special Civil

C/SCA/1601/2023 ORDER DATED: 14/03/2023

Application No.5913 of 2021. If it is found that the

petitioners are entitled to Factor-2 being applied for

determination of their compensation and other benefits,

the National Highway Authority of India would make the

deposit within eight weeks of such determination.

5. In the event the petitioners have moved the

arbitrator for compensation under Section 3G(5) of the

National Highway Authority Act, the petitioners may not

insist for Factor-2 claim or in the alternative the

respondents may be permitted to apprise the arbitrator of

the said issue so that there is no further multiplicity or

application in the proceedings. Mr. Makwana, learned

advocate for the petitioners states that the petitioners

would not insist for Factor-2 before the arbitrator as they

would be getting the benefit of Factor-2 under the

present orders.

(A.J.DESAI, ACJ)

(BIREN VAISHNAV, J) DIVYA