PATEL AMRISHBHAI VITHALBHAI Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) We have heard Mr. A.J.Yagnik, learned counsel for the petitioners, Mr. Krutik Parikh, learned Assistant Government Pleader for the State respondents and Mr. Maulik Nanavati, learned counsel appearing for the respondent - National Highway Authority of India.

(2.) At the outset, Mr. Yagnik has made a statement that at present he is pressing this petition only for applicability of Factor-2 to be applied while calculating the compensation and finalizing the award as per the judgment dtd. 12/9/2019 passed by a Division Bench of this Court in a group of writ petitions led by Special Civil Application No.8734 of 2019. He has further specifically submitted that the benefit extended in paragraphs 19, 20 and 21 of the said judgment may be extended and applied in the case of the present petitioner. It may be noted that in some of the cases the earlier award given has been set aside by this Court in writ petitions with a direction for redetermination of compensation and for passing a fresh order. In other matters, the earlier award needs to be revised and a fresh award needs to be given in the light of the judgment dtd. 12/9/2019 referred to above which has since been affirmed by the Supreme Court and now the State and National Highway Authority of India are complying the same subject to fulfillment of the conditions for getting the benefit of Factor-2. It may also be noted here that in some of the matters pursuant to interim order passed by this Court a draft award has also been prepared and placed on record. However, it is more or less admitted subject to verification, by the respondent counsel that the petitioner would be entitled to the benefit of Factor-2. It goes without saying that the benefit would be extended so long as the petitioner is entitled and eligible to the same depending upon the location of land. Large number of orders have been passed directing the competent authority to take a fresh decision redetermining the compensation in light of the judgment dtd. 12/9/2019 and we have also fixed eight weeks' time to the competent authority to make the award and further we have granted 21 days time to the National Highway Authority of India to make necessary deposit so that the land owners may get the benefit at the earliest.

(3.) Mr. Yagnik has also sought liberty that the petitioner if aggrieved by the determination of the rate of land at which the compensation is calculated is not satisfied he may have the liberty to avail the remedy available under the law for seeking enhancement. We make it clear that we are not curtailing any right of the petitioner available under law for claiming the highest compensation which the petitioner can get subject to availing the appropriate remedy in accordance to law and establishing his rights for higher compensation.