JUDGEMENT
R.M.CHHAYA -
(1.)Heard Mr. Pankeet Aundhiya, learned counsel for the petitioner, Mr. Meet Thakkar, learned
Assistant Government Pleader for respondent
no.1, Mr. Maulik G. Nanavati, learned counsel
for respondent no.2 and Mr. Devang Vyas,
learned ASG for respondent no.3.
(2.)By way of this petition under Article 226 of the Constitution of India, the petitioner has
prayed for the following relief:-
"(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction and thereby be pleased to direct the respondent number 1 to amend/modify/revise the award dated 5-9- 2017 bearing no. LAQ. Vadodara-Mumbai Express Way/Sherkhi Compensation Case No.13/2013 and re-compute the compensation qua the lands of the petitioners by multiplying the market value as determined under sec. 26(1) of the LARR, 2013 Act with a Factor of 2 (two) and applying all other statutory benefits as provided under the LARR Act), 2013 including solatium under S.30(1), interest under S.30(3) and be further pleased to direct the respondents to pay the same, with interest from 5/9/2017 @ 9% for the first year and 15% per annum for subsequent years till date of realisation within 6 weeks of the judgment;"
(3.)Learned counsel appearing for the parties submitted that the issue involved in this
petition is identical to the issue decided by
the Coordinate Bench of this Court in the case
of Shah Rajesh Manibhai Vs. National Highway
Authority of India rendered in Special Civil
Application no.5913 of 2021 dtd. 23/4/2021 as
well as in the case of Dilipbhai Ganpatbhai
Parmar Vs. Competent Authority rendered in
Special Civil Application no.12140 of 2021
dtd. 27/8/2021. It was therefore submitted
that this petition also be disposed of
following the order passed in Special Civil
Application no.5913 of 2021 dtd. 23/4/2021.
The petitioner is agriculturist and was holding
agricultural land admeasuring 3339 Hector-Are-
Sq. Mtrs., bearing survey No.354/2 at Village
Sherkhi, Taluka Vadodara (Rural), District
Vadodara which is acquired for the public
purpose of Vadodara-Mumbai Expressway.
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