Ranjitbhai Krishanlal Patel vs Competent Authority & Ors

Sunita Agarwal, CJ

Mr. Maulik G Nanavati, learned Senior Counsel has received the Notice on behalf of the National Highway Authority of India.

The petitioner herein seeks the re-determination of compensation with the assertion that the application of Factor-2 as per Section 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.

The similar dispute has been decided by us vide order dated 20.09.2023 passed in Daud Musa Isap @ Daud Musa Sheth vs. Competent Authority, being Special Civil Application No.6406 of 2023, in the following manner :-

“1. The petitioners herein seek re-determination of compensation on the premise that they are entitled for compensation treating the area in question as “Rural Area” as defined in the Gujarat Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The assertion in the writ petition is that the term “Rural Area” has been defined in the Rules, 2017 to mean any area except the area covered by any urban local bodies and cantonment board or “Developed Area” declared by the Government. The contention is that the determination with regard to the area in question being the rural area has not been made at the time of determination of compensation. The contention is thus that the award dated 27.06.2017 in LAQ/Vadodara-Mumbai Express way/Thaam Compensation Case No.17/2013 is to be modified by recomputation of the compensation qua the land of the writ petitioners by multiplying the market value as determined under Section 26(1) of the LARR, 2013 Act with a Factor 2 and applying all other statutory benefits as per the said Act including solatium and interest admissible on the marker rate as per 2013 Act.

Learned advocate Mr. Maulik Nanavati appearing for the respondent National Highway Authority of India would submit that the respondents have no objection to the re-determination of compensation, as prayed by the writ petitioners, but, in any case, the area in question falling in rural area within the meaning of 2017 Rules and application of factor 2 in accordance with Section 26(1) of the Act, 2013 is to be made by the competent authority.

As factor inquiry is required to be made, we are of the considered opinion that the matter be relegated to the competent authority – Special Land Acquisition Officer, National Highway Authority of India, Vadodara for fresh consideration. In the determination to be made by the competent authority, all attending circumstances/factors are to be taken into consideration.

Notice be also provided to the respondent National Highway Authority of India whose representatives can participate in the process of re-determination.

Once that determination is made with regard to the area in question falling in the rural area, necessary amendments/revision in the award dated 27.06.2017 shall be made by the competent authority for re-computation of the market value of the compensation and the benefits admissible thereon. The entire exercise shall be completed within a period of three months from the date of receipt of copy of this order.

With the above direction, the present Special Civil Application is disposed of. Direct service is permitted.”

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 Section 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.

With the above observations, the petition is disposed of. Direct service is permitted.