Gujarat High Court
Pradipsinh Takhtsinh Raj vs Competent Authority National Highway ... on 12 July, 2021
Author: Vikram Nath
Bench: Vikram Nath, Biren Vaishnav
C/SCA/434/2019 ORDER DATED: 12/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 434 of 2019
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 434 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 466 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 466 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 2875 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 2875 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 2866 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 2866 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 3712 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 3712 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 3693 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 3693 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 3704 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 3704 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 3702 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 3702 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 3705 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 3705 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 4355 of 2019
With
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C/SCA/434/2019 ORDER DATED: 12/07/2021
CIVIL APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 4355 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 4361 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 4361 of 2019
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PRADIPSINH TAKHTSINH RAJ
Versus
COMPETENT AUTHORITY NATIONAL HIGHWAY AUTHORITY OF INDIA
AND SPECIAL LAND ACQUISITION OFFICER
==========================================================
Appearance:
for the Petitioner(s) No. 10,11,12,13,14,15,16,17,18,19,20,4,5,6,7,8,9
MR AJ YAGNIK(1372) for the Petitioner(s) No. 1,2,3
GOVERNMENT PLEADER(1) for the Respondent(s) No. 1,2,3
NANAVATI AND CO.(7105) for the Respondent(s) No. 1,3
NOTICE SERVED BY DS(5) for the Respondent(s) No. 4,5
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
VIKRAM NATH
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 12/07/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH) Order in Civil Applications:
1. In all these applications, Civil Application No.1 of 2020 has been moved praying for following reliefs. It has been clarified that all the 11 Civil Applications have been moved for identical reliefs.
"A. To hold and declare that in view of the amendment in the Arbitration and Conciliation Act, 1996 read with Section 3G (5) of the National Highways Act, 1956 and in view of the guidelines issued by the Ministry of Road Transport and Highways in December, 2018, the respondent District Page 2 of 4 Downloaded on : Tue Jul 13 23:24:18 IST 2021 C/SCA/434/2019 ORDER DATED: 12/07/2021 Collector, District Bharuch cannot act as an arbitrator to hear grievances of farmers against the award passed by Competent Authority for construction of Expressway between Vadodara to Mumbai.
B. To direct the District Collector, District Bharuch not to act as an arbitrator and to not preside over arbitration u/ s. 3G (5) of the National Highways Act, 1956 in view of the amendment in Section 12 read with amended Schedule 5 and Schedule 7 of the Arbitration and Conciliation Act as amended in the year 2015 and the guideline issued by the Ministry of Road Transport and Highways in December, 2018."
2. Shri Anand Yagnik, learned counsel for the applicant submits that he has instructions to withdraw these civil applications as the applicants wish to participate in the proceedings before the Arbitrator (Collector) under the provisions of the National Highways Act, 1956 and as such are giving up their challenge to the Collector being appointed as Arbitrator under the aforesaid Act. He further submits that the reliefs claimed in the main petition other than the above would still survive, for which, he would draw the attention of the Court as and when the petitions are listed for final disposal.
3. Ms. Manisha L. Shah, learned Government Pleader assisted by Ms. Aishwarya Gupta, learned AGP have appeared for the State-respondents and Mr. Maulik Nanavati, learned counsel is present appearing for the National Highways Authority of India. Apparently they have no objection to the aforesaid request of Mr.Yagnik. Although Mr. Nanavati, learned Page 3 of 4 Downloaded on : Tue Jul 13 23:24:18 IST 2021 C/SCA/434/2019 ORDER DATED: 12/07/2021 counsel sought to argue that in view of the statement made by Mr. Yagnik, apparently, the applicants could raise all such objections of which they want to still pursue before this Court, before the arbitrator but we find that it may not be so then at present withdrawal of the Civil Applications may be permitted leaving the main petition to survive for the remaining reliefs.
All these civil applications stand dismissed as withdrawn.
(VIKRAM NATH, CJ) (BIREN VAISHNAV, J) VATSAL S. KOTECHA Page 4 of 4 Downloaded on : Tue Jul 13 23:24:18 IST 2021