Vasantbhai Ishwarbhai Patel Poa ... vs State Of Gujarat
2023 Latest Caselaw 2599 Guj

      C/SCA/5340/2023                           ORDER DATED: 28/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 5340 of 2023
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 5352 of 2023
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 5354 of 2023
==========================================================
     VASANTBHAI ISHWARBHAI PATEL POA PINTUBHAI RAMESHBHAI
                            PATEL
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR HIREN H SATANI(12159) for the Petitioner(s) No. 1
MR S M KIKANI(7596) for the Petitioner(s) No. 1
 for the Respondent(s) No. 2,3,4
MR SANJAY UDHWANI, AGP for the Respondent(s) No. 1 IN SCAs NO.
5340 & 5352 of 2023
MS SHRUNJAL SHAH, AGP for the Respondent(s) No. 1 IN SCA NO. 5354
of 2023
==========================================================

 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                            Date : 28/03/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

1. Ms. Archana Amin, learned advocate appears for

respondents no. 3 and 4. She is permitted to file her

vakalatnama on behalf of respondents no. 3 and 4.

Registry to accept the same.

2. Rule returnable forthwith. Respective learned AGPs

C/SCA/5340/2023 ORDER DATED: 28/03/2023

and Ms. Archana Amin, learned advocate waive service of

notice of rule on behalf of the respective respondents.

3. With consent of learned advocates for the respective

parties, the matters are taken up for final hearing.

4. In these petitions, the prayer of the petitioners is that

the award be recomputed in light of the order dated

12.09.2019 passed by the Division Bench of this Court in

Special Civil Application No. 8734 of 2019, by which, the

respondents were directed to compute the compensation

by applying Factor - 2 as per the provisions of Section

26(2) of the Right to Fair Compensation And

Transparency in Land Acquisition, Rehabilitation And

Resettlement Act, 2013.

5. Mr. S.M. Kikani, learned advocate appearing for the

petitioners, has relied upon the order dated 06.03.2023

passed by this Court in Special Civil Application No.3756

of 2023 and allied matters. Relevant Para - 5 of the above

C/SCA/5340/2023 ORDER DATED: 28/03/2023

referred order reads as under:

"5. We have heard learned advocates appearing for the respective parties and also gone through the order dated 17.1.2023 passed by coordinate Bench of this Court in Special Civil Application No.709 of 2023 which involves similar issue. Hence, we pass the 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., respondent No.2 for consideration of claim of parties by keeping open all the issues to be decided in appropriate matter. We direct the respondent No.2 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. Registry is directed to place a copy of this order in each connected matters."

C/SCA/5340/2023 ORDER DATED: 28/03/2023

6. In view of the above, the respondents are directed to

consider the case of the petitioners for awarding the

benefit of Factor - 2 in light of the directions issued by

this Court by passing order dated 06.03.2023 in Special

Civil Application No. 3756 of 2023 and allied matters

within a period of 10 weeks from the date of receipt of

this order.

7. Registry is directed to place a copy of this order in

each connected matters. Rule is made absolute

accordingly. Direct service is permitted.

(A.J.DESAI, ACJ)

(BIREN VAISHNAV, J) DIVYA