Gujarat High Court
Hiralkumar Ashokbhai Thakkar vs Union Of India on 14 July, 2022
Author: Aravind Kumar
Bench: Aravind Kumar, Ashutosh J. Shastri
C/SCA/13025/2022 ORDER DATED: 14/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13025 of 2022
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HIRALKUMAR ASHOKBHAI THAKKAR
Versus
UNION OF INDIA
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Appearance:
MR SALIL M THAKORE(5821) for the Petitioner(s) No. 1
MR YASH J PATEL(11240) for the Petitioner(s) No. 1
MR KSHITIJ AMIN, Standing Counsel for Respondent No.1
MR MAULIK NANAVATI for Respondent No.2
MR KM ANTANI, AGP for Respondent No.3
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 14/07/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. We have heard Mr. Salil M. Thakore, learned advocate for the petitioner, Mr. Kshitij Amin, learned Standing Counsel for respondent No.1, Mr. Maulik Nanavati, learned counsel for respondent No.2 (National Highway Authority of India), and Mr. Kanva Antani, learned Assistant Government Pleader for respondent No.3.
2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
"(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 3 to amend/ modify/revise the award dated 05.09.2017 bearing No. LAQ.
Vadodara-Mumbai Express Way/Sherkhi Compensation Case No. 13/2013 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, Page 1 of 5 Downloaded on : Fri Jul 15 21:30:20 IST 2022 C/SCA/13025/2022 ORDER DATED: 14/07/2022 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 05.09.2017 @ 9% for the first year and 15% per annum for subsequent years till date of realisation within 6 weeks of the Judgement;
(B) Pending admission, hearing and final disposal of the petition, your Lordships may be pleased to restrain the respondents from using, altering, making any construction of any kind on the land of the petitioner;
(C) Any other and further releases may be deemed just and proper in the facts and circumstances of the case may please be granted ."
3. It is the submission of learned advocate appearing for the petitioner that petitioner is an agriculturist and is holding total agricultural land admeasuring 4553 Sq. Mtrs., bearing Survey No. 118 and block No.70/56 within the ceiling limit prescribed in village Sherkhi, Taluka: Vadodara Rural, District: Vadodara. The said land is under cultivation and the petitioner is totally dependent upon it for his livelihood. The land in question according to learned advocate Mr. Thakore is not falling within the limits of any 'transitional area, smaller urban area or larger urban area' as defined and specified under Article 243Q (2) and is not part of any area falling within the limits of any Urban Local body or Municipality or Municipal Corporation and as such, the land in not covered under any urban area. According to learned advocate for petitioner, the major economic activity is agriculture and there are no significant non-agriculture activities in the village or surrounding area and the village limits of Vadodara Urban Development Authority, however, no T.P. Scheme is proposed in the area and the land is still in agriculture zone. It is contended that by virtue of Notification dated 03.03.2014, issued by the Government of India in exercise of Page 2 of 5 Downloaded on : Fri Jul 15 21:30:20 IST 2022 C/SCA/13025/2022 ORDER DATED: 14/07/2022 power under Section 3A of the National Highways Act, 1956 the land of the petitioner was undertaken for acquisition for the purpose of construction of Vadodara-Mumbai Express way and by virtue of further Notification under Section 3D, published on 05.03.3015, the land vested in respondent no.1. It is contended that for the purpose of compensation, the competent authority passed an award on 05.09.2017 bearing No. LAQ/Vadodara- Mumbai Express Way/Sherkhi Compensation Case No.13/2013 and the market value of the acquired land was arrived and though the acquired land is situated in rural area, the authority i.e. respondent No.2 applied factor 1 and not factor 2. Hence, the present petition. The main grievance raised in the petition is that erroneously respondent no. 2 authority applied factor 1 instead of factor 2.
4. At this juncture, learned counsels appearing for the respective parties submitted that the issue involved in this petition is identical to the issue decided by the Coordinate Bench of this Court in case of Shah Rajesh Manibhai vs. National Highway Authority of India rendered in Special Civil Application No. 5913 of 2021 dated 23.04.2021. The said order 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 in Special Leave Petition (Civil) Diary No. being 18777 of 2020. It is also submitted that the issue in the present case is identical to the Page 3 of 5 Downloaded on : Fri Jul 15 21:30:20 IST 2022 C/SCA/13025/2022 ORDER DATED: 14/07/2022 case of Dilipbhai Ganpatbhai Parmar vs. Competent Authority rendered in Special Civil Application No.12140 of 2021 dated 27.08.2021. It was, therefore, submitted that this petition may also be disposed of, following the order passed in Special Civil Application No.5913 of 2021 dated 23.04.2021. No other submissions were made.
5. Learned counsel for respondent No.2 - NHAI, further submitted that as in the other cases if it is found that the petitioner is entitled to Factor-"2" being applied for determination of compensation and other benefits, respondent No.2 - Authority shall make deposit within 21 days of such determination.
6. Thus, following the decision of the Coordinate Bench rendered in Special Civil Application No.5913 of 2021 dated 23.04.2021, the present Petition is disposed of with the same directions and terms as contained in the order dated 23.04.2021 passed in Special Civil Application No.5913 of 2021.
7. However, it is clarified that if the petitioner has moved for re-determination of compensation before the Arbitrator under Section 3G (5) of the National Highways Act, 1956, the petitioner may not insist for Factor-"2" claim or in the alternative the respondents may be permitted to appraise the Arbitrator of the said issue, so that there is no further multiplicity or complications in the proceedings.
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8. The present petition, therefore, stands disposed of accordingly. There shall be no order as to costs.
Sd/-
(ARAVIND KUMAR,CJ) Sd/-
(ASHUTOSH J. SHASTRI, J) OMKAR Page 5 of 5 Downloaded on : Fri Jul 15 21:30:20 IST 2022