Gujarat High Court
Anandiben W/O Ramanbhai Somabhai Patel vs State Of Gujarat on 6 May, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/15225/2024 ORDER DATED: 06/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15225 of 2024
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ANANDIBEN W/O RAMANBHAI SOMABHAI PATEL & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. MAHESH BHAVSAR (1781) for the Petitioner(s) No.
1,10,2,3,4,5,6,7,8,9
MRS HM BHAVSAR(5340) for the Petitioner(s) No. 1,10,2,3,4,5,6,7,8,9
MS. HETAL PATEL, AGP for the Respondent(s) No. 1
MR. MAULIK G. NANAVATI, ADVOCATE FOR NANAVATI & CO.(7105) for the
Opponent(s) No. 4
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 06/05/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) [1] Mr. Maulik G. Nanavati, learned advocate has put in appearance on behalf of the National Highway Authority of India. Ms. Hetal Patel, learned Assistant Government Pleader appears for the respondent No.1. There is no reason for impleadment of the respondent No.2 who has been impleaded by name as Special Land Acquisition Officer, Himmatnagar, Sabarkantha when there is no allegations of mala fide against him in the writ petition. We, therefore, do not find any reason to call upon the respondent No.2 for disposal of the present Page 1 of 4 Uploaded by DHARMENDRA KUMAR(HC01071) on Fri May 09 2025 Downloaded on : Sat May 10 15:42:59 IST 2025 NEUTRAL CITATION C/SCA/15225/2024 ORDER DATED: 06/05/2025 undefined petition. As regards respondent No.3, the same is a formal party, inasmuch as, the acquisition notifications were issued under the National Highways Act, 1956 (hereinafter referred to as "the Act").
[2] Coming to the facts leading to filing of the present petition, we may record that the present petition has been filed with the following prayers:-
"9.(a) To allow the present application;
(b) To issue appropriate directions to the respondent No.2 to pay reaming amount i.e. 81,60,031 Rs/- to the present petitioner within 2 weeks with 9% interest from 1 st June 2023 till date, in the interest of justice.
(c) To pass such other and further order/s as deemed fit, just and proper by this Hon'ble Court."
[3] The petitioners (10 in number) claim to be owners of land bearing Survey / Block No.476 of village - Lavarpur, of which two parts, namely Revenue Survey No.476 paiki (New Survey No.108), New Khata No.635 (Old Khata No.535) and Revenue Survey No.476 paiki (New Survey No.110), New Khata No.134 (Old Khata No.34) had been acquired by notifications under Sections 3A and 3D of the Act dated 25.02.2011 and 21.09.2011; respectively.
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NEUTRAL CITATION C/SCA/15225/2024 ORDER DATED: 06/05/2025 undefined [4] It is the case of the petitioners that two separate awards dated 29.02.2016 were passed with respect to the lands in question applying Factor-I. However, on a writ petition filed by the petitioners, namely Special Civil Application No.2703 of 2023, on the directions issued by this Court in the judgment and order dated 21.03.2023, revised award applying Factor-II was passed on 10.08.2023. In paragraphs '2.5' to '2.8' of the writ petition, the petitioners have given the description of four (4) communications dated 10.08.2023 for different areas of Revenue Survey No.476 calling upon the petitioners to submit proof of their title for the purpose of disbursement of compensation, though the statements therein about the said communications being awards are incorrect. In paragraph '2.9' of the writ petition, it is further sought to be submitted that there was a breach of directions contained in the judgment and order dated 21.03.2023 of this Court in Special Civil Application No.2703 of 2023 and hence, the petitioners filed a contempt petition, namely Misc. Civil Application No.2180 of 2024, which was later withdrawn and dismissed as such vide judgment and order dated 09.10.2024.
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NEUTRAL CITATION C/SCA/15225/2024 ORDER DATED: 06/05/2025 undefined [5] Further contention in paragraphs '3' and '4' of the writ petition is that total amount of Rs.1,58,52,276/- was the awarded amount and the respondents have not deposited the amount of Rs.81,60,031/-. Besides that there is no assertion as to whether the petitioners have approached the Competent Authority in response to the communications dated 10.08.2023, for disbursement of the compensation amount along with the necessary documents. The statement made in the writ petition are cryptic. Be that as it may, as the petitioners have not come with correct and complete facts, it is not possible for us to issue any positive mandamus. However, it is kept open for the petitioners to approach the competent authority for redressal of their grievances. The dismissal of the present petition will not come in the way of the petitioners.
(SUNITA AGARWAL, C.J.) (PRANAV TRIVEDI, J.) DHARMENDRA KUMAR Page 4 of 4 Uploaded by DHARMENDRA KUMAR(HC01071) on Fri May 09 2025 Downloaded on : Sat May 10 15:42:59 IST 2025