Gohil Jagdishbhai Ranchodbhai vs Competent Authority, National Highway Authority Of India And Special Land Acquisition Officer

R.M.Chhaya, J

Heard Mr. Y.V. Vaghela, learned counsel for the petitioner, Mr. Meet Thakkar, learned Assistant Government Pleader for respondent no.1, Ms. Ayushi Thakkar, learned counsel for Mr. Maulik G. Nanavati, learned counsel for respondent no.2 and Mr. Devang Vyas, learned ASG for respondent no.3.

By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief:-

"(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 number 1 to amend/modify/revise the award dated 28.6.2017 bearing no. LAQ. Vadodara-Mumbai Express Way/Angadh Compensation Case No.11/2013 and re-compute the compensation qua the lands of the petitioner 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 28.6.2017 @ 9% for the first year and 15% per annum for subsequent years till date of realisation within 6 weeks of the judgment;"

Learned counsel appearing for the parties submitted that the issue involved in this petition is identical to the issue decided by the Coordinate Bench of this Court in the case of Shah Rajesh Manibhai Vs. National Highway Authority of India rendered in Special Civil Application no.5913 of 2021 dated 23.4.2021 as well as in the case of Dilipbhai Ganpatbhai Parmar Vs. Competent Authority rendered in Special Civil Application no.12140 of 2021 dated 27.8.2021. It was therefore submitted that this petition also be disposed of following the order passed in Special Civil Application no.5913 of 2021 dated 23.4.2021. The petitioner is agriculturist and was holding agricultural land admeasuring 11534 Hector-Are-Sq. Mtrs., bearing survey No.64 at Village Angadh, Taluka Vadodara (Rural), District Vadodara which is acquired for the public purpose of Vadodara-Mumbai Expressway.

The Coordinate Bench in the order dated 23.4.2021 passed in Special Civil Application no.5913 of 2021, while deciding the identical question of factor, has observed in Paragraph 7 of the said judgment as under:-

"7. Having, thus, heard, learned Advocates on both the sides and considering the rival submissions so also noticing the agreement on the part of the petitioners for this matter being referred to the competent authority for re-computation of the compensation, without dealing with the submissions of exclusivity of competent authority for determination of compensation and keeping the same open, to be decided in an appropriate matter, we deem it appropriate to DIRECT the competent authority to re-compute the market value of the land of the petitioners herein, by applying the appropriate multiplication factor for the amount of compensation and follow the dictum of the Apex Court in all respects. We reiterate that while so doing, it shall BEAR IN MIND the decision of the Apex Court in SLP (Civil) Diary No. 18777 of 2020 so also the decision of this Court in SCA No. 8734 of 2019 and publish the corrected award under Section 3-G(1) of the Act.

7.1 This shall be done within the period of EIGHT WEEKS, from the date of receipt of a copy of this order."

Learned counsel for the respondent no.2 submitted that in the instant case also, the petitioner has approached the arbitrator. It is further submitted that as in the other cases in case of the present petitioner also, if it is found that the petitioner is entitled to Factor "2" being applied for determination of his compensation and other benefits, respondent no.2 authority shall make deposit within 21 days of such determination.

Learned counsel for the petitioner candidly submitted that in view of the present order, the petitioner shall not insist for Factor "2" before the arbitrator as this Court has taken a similar view on the aspect of Factor "2".

Thus, following the decision of the Coordinate Bench rendered in Special Civil Application no.5913 of 2021 dated 23.4.2021 as well as the decision rendered in Special Civil Application no.12140 of 2021 dated 27.8.2021, the present petition is disposed of with same directions and terms as contained in the order dated 23.4.2021 passed in Special Civil Application no.5913 of 2021. The present petition stands disposed of accordingly. However, there shall be no order as to costs.