GOHIL BALUBEN SHANKARBHAI Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) We have heard Mr. Patel, learned Advocate for the petitioners, Mr. Dharmesh Devnani, learned Assistant Government Pleader for Respondent No.1, Mr. Maulik Nanavati, learned counsel for Respondent No. 2 and Mr. Devang Vyas, learned Assistant Solicitor General for Respondent No.3.

(2.) By this Petition under Article 226 of the Constitution of India, the Petitioner has prayed for the following reliefs:

(3.) It is the contention of learned counsel appearing for the petitioners that agricultural land admeasuring 0/49/69 Hector Are Aq. Mtrs. bearing Block Survey No. 115(70/39, 70/40, 70/44) of Mouje Sherkhi, Tal. District Vadodara belonged to the petitioners. It is contended that on 3/3/2014, a notification was published under sec. 3A of the National Highways Act, 1956 wherein it was mentioned that certain lands including the land of petitioners, is planned to be acquired under the Act. Such acquisition is claimed to be for construction of a 324.5 kms - 380 kms long highway (being the Vadodara - Mumbai Expressway). The petitioners' abovementioned land is subjected to acquisition for the said project. It is contended that for the purpose of compensation, the competent authority passed an award dtd. 5/9/2017 bearing No. LAQ./Vadodara - Mumbai Express Way/Sherkhi Compensation Case No. 13/2013. It is contended that the authority applied factor 1 and not factor 2. Hence, the present petition. The main grievance raised in the petition is that the authority applied factor 1 instead of factor 2.