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2017 DIGILAW 1258 (GUJ)

Shanabhai Mahijibhai Padariya v. National Highway Authority of India

2017-07-06

A.G.URAIZEE, S.R.BRAHMBHATT

body2017
ORDER : S.R BRAHMBHATT, J. 1. Leave to amend. 2. This matter was listed on 5th July 2017 and the learned counsel for the petitioner had invited the court's attention to the prayer clause and submitted that the prayer is very innocuous and limited to the extent of seeking direction to the authorities to consider the objections of the petitioner qua the compensation amount proposed in the notice pursuant to the draft award. As the entire issue was in a narrow compass, learned counsel urged that he be permitted to serve advance copy to the respondents' counsel and the matter be listed on 6th July 2017. Accordingly, the copies were served and the matter is listed on 6th July 2017. 3. Shri Maulik Nanavati, learned counsel for respondent no. 2 and Shri Hardik Soni, learned Assistant Government Pleader appears for respondent no. 2. Learned counsel for the petitioner has invited the court's attention to the documents and the further affidavit and submitted that the notice pursuant to the draft award contains compensation which is having drastic difference between contiguous parcels of land. He submitted that on the map village Ghayaj and village Darapura have in fact no boundaries and village Darapura survey nos. 204 and 205 have been proposed to be given compensation of Rs. 1050 and contiguous piece of land bearing survey no. 589 of village Ghayaj is assessed to be awarded compensation at the rate of Rs. 130 only. This needs to be considered by the authority before making final award. 4. Learned counsel appearing for respondent no. 2 submitted that there cannot be any gainsaid that the authorities concerned will have to consider the objections, but let there be no insistence for seeking individual reply or response in respect of the objections. Learned counsel for the petitioner submitted that there is no insistence for individual reply from the authorities qua the objections, but let there be assurance that the objections with respect to all these differences would be taken into consideration while finalising the award. 5. Learned counsel for the respondents submitted that the same would be taken into consideration. Learned counsels for the respondents would submit that they will surely take into consideration the objections while passing the award. 5. Learned counsel for the respondents submitted that the same would be taken into consideration. Learned counsels for the respondents would submit that they will surely take into consideration the objections while passing the award. In that view of the matter, learned counsel for the petitioner does not press this petition at this stage and urges the Court to dispose of the same accordingly. Permission as sought for is granted. 6. Petition stands disposed of as withdrawn. Notice is discharged.