Gujarat High Court
Nilkanth Vikram Trivedi vs Union Of India on 5 August, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/18989/2019 ORDER DATED: 05/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18989 of 2019
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 18989 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 18989 of 2019
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NILKANTH VIKRAM TRIVEDI & ANR.
Versus
UNION OF INDIA & ORS.
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Appearance:
MR YH VYAS(1001) for the Petitioner(s) No. 1,2
DS AFF.NOT FILED (R) for the Respondent(s) No. 1
MS HETAL PATEL, AGP for the Respondent(s) No. 2,4
RULE SERVED BY DS for the Respondent(s) No. 3
MR. MAULIK NANAVATI, ADVOCATE WITH MR. MS. MANVI DAMPLE,
ADVOCATE FOR RESPONDENT NO.3
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 05/08/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The present petition has been filed by two persons namely petitioner no.1, Nilkanth Vikram Trivedi and petitioner no. 2, Late Shri Subhashbhai Rambai Amin, (died on 12.06.2025) through the power of attorney holder namely, Shri Vikram Manubhai Trivedi.
2. The same petitioners had also filed two writ petitions prior in point of time in the year 2015. In one of the writ Page 1 of 4 Uploaded by BINA SHAH(HC00353) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 21:56:41 IST 2025 NEUTRAL CITATION C/SCA/18989/2019 ORDER DATED: 05/08/2025 undefined petitions namely Special Civil Application No.5504 of 2015, prayers were amended to challenge the validity of statutory provisions of the National Highways Act, 1956 (for short "the Act, 1956"). In the similar fashion, in Special Civil Application No. 14130 of 2015, the challenge was also to the validity of the various provisions of Act, 1956.
3. This is the third petition filed in the month of October, 2019 to simply challenge the validity of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act 2013"). The notification dated 28.08.2015 passed by the Central Government under Section 113 of the Act, 2013 and the entire Amending Act No.16 of 1997 by which the amendment have been brought in the Act, 1956 are also challenged. The prayers made in the writ petition are relevant to be noted hereinunder:-
"(A) Declare and strike down Section 105 of the RFCTLARR Act, 2013, as discriminatory, violative of Article 14 of the Constitution of India and hence, Ultra Vires the Constitution in the interest of justice.
(B) Quash and set aside the Notification dated 28.08.2015 (annexure B) as illegal and ultra vires to Section 113 of the RFCTLARR Act, 2013 and/or strike down Section 113 of the RFCTLARR Act, 2013 as being illegal, unconstitutional, violative of Article 14 and ultra vires of the Constitution of Page 2 of 4 Uploaded by BINA SHAH(HC00353) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 21:56:41 IST 2025 NEUTRAL CITATION C/SCA/18989/2019 ORDER DATED: 05/08/2025 undefined India.
(C) Quash and set aside Section 3C(1),3D(1), 3D(2) and 3D(4) and 3E as being illegal, unconstitutional, violative of Article 14 and ultra vires of the Constitution of India and/or (D) Declare the whole amending Act, 16 of 1997 by which National Highway Act, 1956 is amended and inserted Section 3A to 3J in the principle Act is unconstitutional, ultra vires and consequently notification u/s. 3A dated 22.03.2012 is also unconstitutional inoperative and all actions taken thereunder is a nullity and inoperative and acquisition of the lands as set out in the impugned notification and award is bad in law and further declare that acquisition of the land that have vested in Central Government on 19.05.2015 are stands vested in it under deemed -award under the RFCTLARR Act, 2013 with all consequential benefits provided under the said Act of 2013.
(E) Suth other relief of reliefs which your Lordships deem fit in the interest of justice, may kindly be granted.
(F) Cost of this petition may kindly be awarded in the interest of justice."
4. For the reliefs prayed in Paragraph No.12A & B of the writ petition, pertinent is to note that the acquisition proceedings with respect to the land in question was conducted under the National Highways Act, 1956. Both the said prayers are thus, misconceived and liable to be rejected. With regard to the remaining prayers C & D, suffice it to note that the second writ petition after amendments of the prayers made in the writ petition of the year 2015 for the self-same prayers, cannot be maintained.
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NEUTRAL CITATION C/SCA/18989/2019 ORDER DATED: 05/08/2025 undefined
5. Moreover, nothing has been brought on record of this writ petition to demonstrate as to how the provisions of the Act, 1956 or the Act, 2013 would cause prejudice to the petitioners herein, as there is no substantial relief prayed in the present petition. It is also pertinent to note that Special Civil Application No. 14130 of 2015 has been withdrawn by the petitioners and has been dismissed, as such, vide judgment and order dated 28.07.2025. The Writ Petition No.5504 of 2015 has been dismissed today, in view of withdrawal of the Special Civil Application No.14130 of 2015.
6. Accordingly, the present petition which is the third writ petition filed by the same petitioners seeking to challenge the validity of the statutory provisions of the Act, 1956 and the Act, 2013, without any cause of action for bringing a fresh action in the year 2019, is liable to be dismissed as not maintainable and is dismissed as such. Rule is discharged. The connected Civil Applications stand disposed of, accordingly.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) BINA SHAH Page 4 of 4 Uploaded by BINA SHAH(HC00353) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 21:56:41 IST 2025