Amin Arvindbhai Manibhai Since Decd. Through His Heirs vs. State Of Gujarat

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 6328 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6329 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6330 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6331 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6332 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6333 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6334 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6335 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6338 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6340 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6343 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6344 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6345 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6346 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6347 of 2021 ========================================================== AMIN BHUPENDRABHAI AMBALAL Versus STATE OF GUJARAT ==========================================================

Appearance:

MR TRILOK J PATEL(658) for the Petitioner(s) No. 1 MR HARDIK K CHOKSI(9964) for the Petitioner(s) No. 1 MS MANVI DAMLE for MR MAULIK NANAVATI for NANAVATI & CO.(7105) for the Respondent(s) No. 2 MR MEET THAKKAR, AGP for the Respondent(s) No. 1 ==========================================================

CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH and HONOURABLE MR. JUSTICE BIREN VAISHNAV

Date : 24/08/2021

COMMON ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1 We have heard Mr. Trilok Patel, learned counsel for the petitioners, Mr. Meet Thakkar, learned AGP for the State respondents and Ms. Manvi Damle, learned advocate for Mr. Maulik Nanavati, learned counsel appearing for the respondent - National Highway Authority of India.

2 Learned counsels for the parties agree that these matters are identically covered by an order of a coordinate Bench dated 23.04.2021 passed in Special Civil Application No.5913 of 2021. The said order of the coordinate Bench dated 23.04.2021 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, the SLP (Civil) Diary number being 18777 of 2020.

3 Ms. Damle, learned counsel for the National Highway Authority of India states that if it is found that the petitioners are entitled to Factor-2 being applied for determination of their compensation and other benefits, the National Highway Authority of India would make the deposit within 21 days of such determination.

4 It has been pointed out by Mr. Meet Thakkar, learned Assistant Government Pleader that if the present petitioners have moved for redetermination of compensation before the Arbitrator under Section 3G(5) of the National Highways Act, 1956, the petitioners may not insist for Factor-2 claim or in the alternative the respondents may be permitted to apprise the Arbitrator of the said issue so that there is no further multiplicity or complication in the proceedings. Mr. Patel, learned counsel for the petitioners states that the petitioners would not insist for Factor-2 before the Arbitrator as they would be getting the benefit of Factor-2 under the present orders.

5 In that view of the matter, we dispose of all the present petitions also in the same terms as contained in the judgment and order dated 23.04.2021 passed in Special Civil Application No.5913 of 2021.

(VIKRAM NATH, CJ)

(BIREN VAISHNAV, J)

P. SUBRAHMANYAM