Kishorebhai Gopalbhai Patel vs State Of Gujarat
2023 Latest Caselaw 2705 Guj

     C/SCA/5551/2023                             ORDER DATED: 31/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 5551 of 2023

                                With
             R/SPECIAL CIVIL APPLICATION NO. 5554 of 2023
                                With
             R/SPECIAL CIVIL APPLICATION NO. 5556 of 2023
                                With
             R/SPECIAL CIVIL APPLICATION NO. 5557 of 2023
==========================================================
                       KISHOREBHAI GOPALBHAI PATEL
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR KARTIKEY KANOJIYA, ADVOCATE FOR MR DIGANT M POPAT,
ADVOCATE for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 2,3,4
MR SANJAY UDHWANI, ASST GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
==========================================================

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

                             Date : 31/03/2023

                        ORAL ORDER

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

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.

C/SCA/5551/2023 ORDER DATED: 31/03/2023

2. Rule returnable forthwith. Mr. Udhwani, learned

AGP and Ms. Archana Amin, learned advocate waive

service of notice of rule on behalf of the respective

respondents in each matter.

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. Learned advocate appearing for the petitioners, has

relied upon the order dated 06.03.2023 passed by this

C/SCA/5551/2023 ORDER DATED: 31/03/2023

Court in Special Civil Application No.3756 of 2023 and

allied matters. Relevant Para - 5 of the above 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

C/SCA/5551/2023 ORDER DATED: 31/03/2023

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."

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 matter. Rule is made absolute

accordingly. Direct service is permitted.

(A.J.DESAI, ACJ)

(BIREN VAISHNAV, J) DIVYA