BHARATBHAI HARMANBHAI PADHIYAR Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) We have heard Mr.Hemant Makwana, learned counsel for the petitioners, Mr.Niraj Sharma, learned Assistant Government Pleader for Respondent No.1 and Mr.Maulik Nanavati, learned counsel appearing for Respondent No.2.

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

(3.) It is the contention of learned Counsel appearing for the petitioners that land of the present petitioners situated at Village : Sherkhi, Taluka & District Vadodara have been acquired by the respondents herein for the purposes of construction of the Vadodara - Mumbai expressway and the award for the same was declared on 5/9/2017 under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabiliation and Resettlement Act, 2013. However, in the Award there is no clear definition about giving multiplier of factor 2, and Land Acquisition Officer, in his award in para 15, specifically stated that in view of the Resolution of the Revenue Department, being Resolution No.GHB/22/UDA/1177/646(4) Q (2), the multiplier of 1 factor is to be given for calculating the market value. However, the Government has decided by its another Resolution No. LAQ/22/2014/179/GH dtd. 29/7/2016 to extend the multiplier of factor 2 for calculating the market value.