Patel Daxesh Bhanubhai vs Competent Authority, National Highway Authority Of India And Special Land Acquisition Officer

Vikram Nath, CJ

We have heard Shri Kewal Shah, learned counsel for the petitioners, Ms.Nisha Thakore, learned Assistant Government Pleader for respondent

No.1 - Special Land Acquisition Officer and Shri Maulik Nanavati, learned counsel appearing for respondent No.2.

Learned counsels for the parties agree that this is a matter 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 Petition filed by the State Government has been dismissed on 07.01.2021, the SLP (Civil) Diary number being 18777 of 2020.

Shri Maulik Nanavati, 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.

In that view of the matter, we dispose of the present petition 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.