LAWS(GJH)-2024-4-60

RANJITBHAI KRISHANLAL PATEL Vs. COMPETENT AUTHORITY

Decided On April 29, 2024
Ranjitbhai Krishanlal Patel Appellant
V/S
COMPETENT AUTHORITY Respondents

JUDGEMENT

(1.) The petitioner herein seeks the re-determination of compensation with the assertion that the application of Factor-2 as per Sec. 26(2) for re-determination of the market value including all other statutory benefits is required to be made by the respondent, that is the Special Land Acquisition Officer.

(2.) The similar dispute has been decided by us vide order dtd. 20/9/2023 passed in Daud Musa Isap @ Daud Musa Sheth vs. Competent Authority, being Special Civil Application No.6406 of 2023, in the following manner :-

(3.) The only issue which is flagged in the instant petition is that the petitioner herein is one of the co-owners of the acquired property and has not joined the other co-owner as a party, either as the petitioner or as the respondent. The question of disbursement of compensation, therefore, is to be left open to the competent authority. Noticing this submission of learned counsel for the respondent ' National Highway Authority of India, we only provide that the exercise of re-determination of compensation by making factual inquiry with respect to application of Factor-2 as per Sec. 26(2) shall be completed by the competent authority and in case there is a re-determination of compensation, the disbursement shall be made after putting notice to all persons interested in the land, after deciding the issue of apportionment of compensation amongst them.