Gujarat High Court
Nilknth Vikram Trivedi vs State Of Gujarat on 5 August, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/5504/2015 ORDER DATED: 05/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5504 of 2015
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2016
In R/SPECIAL CIVIL APPLICATION NO. 5504 of 2015
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 5504 of 2015
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2016
In R/SPECIAL CIVIL APPLICATION NO. 5504 of 2015
==========================================================
NILKNTH VIKRAM TRIVEDI & ANR.
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR YH VYAS(1001) for the Petitioner(s) No. 1,2
MS. HETAL PATEL, AGP for the Respondent(s) No. 1,2
MR JINESH H KAPADIA(5601) for the Respondent(s) No. 4,5
MRS KRISHNA G RAWAL(1315) for the Respondent(s) No. 3
RULE SERVED BY DS for the Respondent(s) No. 1,2,6,7
MR. MAULIK NANAVATI, ADVOCATE WITH MR. MANVI DAMPLE FOR
RESPONDENT NO.7
==========================================================
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, Subhashbhai Rambai Amin through the
power of attorney holder namely, Shri Vikram Manubhai
Trivedi.
2. The main prayers made in the writ petition are:-
NEUTRAL CITATION
C/SCA/5504/2015 ORDER DATED: 05/08/2025
undefined
"(A) Quash and set aside the impunged order dated
10/3/2015 passed by respondent No.2 at annexture-L and
Direct the respondent no. 2 to decide the claim of the
petitioners pending before him under Sec. 3H(3) of the Act
and pass appropriate order within two weeks in the interest
of justice;
(B) Direct the respondent no. 2 to deposit the entire amount
of compensation of Rs. 48,00,443/- payable to the petitioner
no.1 with 12% interest from 16/11/2013 till date in the
registry of this Hon'ble Court within 7 days from date of
order;
(C) Pending admission, hearing and final disposal of this
petition, by way of interim relief or ad-interim relief direct
the respondent no. 2 to deposit entire amount of
compensation of Rs.48,00,443/-along with interest and permit
the petitioners to withdraw the amount from the Registry on
submitting undertaking that in case any adverse order in the
petition, petitioners will return the amount with interest;
(D) Such other and further order which deems fit in the facts
and circumstances of the case may be passed the interest of
justice;"
3. By the way of amendment, the following prayers have
been added:-
"15.(F) Quash and set aside the appointment of Respondent
No.6 as an arbitrator vide order no. NHAI/LA/RR/2001/9/1
dated 12/10/2011 issued by the first Respondent Central
Govt. u/s 3G(5) of the National Highway Act-1956, and
restrain him from working as arbitrator in Arbitration case of
Petitioner No.1 immediately and to direct him to hand over
the case papers to the arbitrator appointed by this Hon'ble
High Court in the interest of justice;
(G) Appoint any Hon'ble former judge of High court of
Gujarat as an arbitrator to carry out arbitration work u/s 3G
(5) of the National Highway Act-1956 between Petitioner
No.1 and central govt. in accordance with the provisions of
The Arbitration and Conciliation Act, 1996 and in accordance
NEUTRAL CITATION
C/SCA/5504/2015 ORDER DATED: 05/08/2025
undefined
with law;
(H) Declare the Sec. 3G (5) of the NH Act, 1956 is
discriminatory, and violative to an extent of its contravention
with Article 14 of The Constitution of India and is ultra vires
and void.
(I) Declare that Sec.3J of the National Highway, 1956 is ultra
vires the constitution, inoperative and provisions of The Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013)
applies to the acquisition of Petitioner No. 1 lands acquired
as per Annexure-'Z' to the petition and declare that the
Petitioner No.1 is entitled to get complete package of
compensation and all the tax benefits which are extended to
Land Acquisition under "RFCTLARR Act" and be pleased to
pass appropriate orders to pay the same to the Petitioner
No.1, in the interest of justice;
(J) Declare that the entire amount of compensation as per the
calculation under "RFCTLARR Act" which is payable to the
Petitioner No.1 is fully 100% Income Tax free as has been
provided in Sec. 96 of the "RFCTLARR Act" be paid to the
Petitioner No.1 and he is not liable to pay any tax on the
entire amount of compensation and any other enhanced
amount determined at higher stage of determination in the
interest of justice;
(K) Direct the Respondent No.6 to deposit the entire amount
of compensation under "RFCTLARR Act" which is payable to
the Petitioner No.1, in the Registry of this Hon'ble High
Court within 15 days from the order of the Hon'ble High
Court in the interest of Justice;
(L) Direct the respondent no.2 to rectify his mistake in Award
about the valuation of the Jantri value / market value of the
N.A. lands of the petitioner no.1 and pass supplementary
Award incorporating the enhancement in the valuation in the
interest of justice;
(M) Declare the Sec. 3D(2) and Sec. 3G(7) (a) of N.H. Act,
1956 as ultra vires, unconstitutional and hence void and be
pleased to declare that vesting of the petitioner no.1's lands
with the Central Government took place on 19/05/2015, a day
on which the possession from the petitioner was taken and
market value is required to be determined keeping this date
in consideration in the interest of justice;
NEUTRAL CITATION
C/SCA/5504/2015 ORDER DATED: 05/08/2025
undefined
(N) Pending admission, hearing and final disposal of this
petition, by way of interim relief or ad-interim relief restrain
the respondent no 6 from acting as an arbitrator in the
arbitration case of petitioner pending before him in the
interest of justice;"
4. Pertinent is to note that in Paragraph No.3.22 of
the writ petition, it is stated that, on 31.05.2007, petitioner
no. 2 sold six survey numbers by registered sale deed and
handed over the possession of the property to petitioner no.
1, and presently, the petitioner no.1 is the owner and
occupier of all the properties in question. Pertinent is to
note that by the order dated 10.03.2015, passed by the
competent authority, namely respondent no.2 herein,
noticing that there was a dispute with regard to right, title
and interest in the land in question subject matter of
acquisition, matter was referred to the Civil court invoking
section 3H(3) of the National Highways Act, 1956. The
order dated 10.03.2015, subject matter of challenge
originally, thus, was the order making reference of the
dispute to the Civil court in the proceedings for
disbursement of compensation, by the competent authority.
5. Mr. Maulik G. Nanavati, learned advocate appearing for
NEUTRAL CITATION
C/SCA/5504/2015 ORDER DATED: 05/08/2025
undefined
the respondent-NHAI has placed before us the order dated
28.07.2025, passed by us in Special Civil Application
No.14130 of 2015 filed by the same petitioners. The
judgment and order dated 28.07.2025 of disposal of the
aforesaid petition reads as under:-
"1. The present petition has been filed essentially
challenging the judgment and decree dated
07.08.2015 passed by the Civil Court on a reference
made under Section 3H(3) of the National Highways
Act' 1956, wherein claim of several persons interested
in the lands in question for the purposes of
disbursement of compensation determined under the
award passed under the National Highways Act in
accordance with Section 3H(1) has been adjudicated.
The added prayers made in the writ petition about
challenging the vires of Sections 3J, 3D(2) and 3G(7)
(a) have been given by the learned counsel for the
petitioner, at the outset. It is sought to be submitted
in the writ petition that all throughout the
proceedings, the original owner namely Subhash
Rambhai Amin namely respondent No.2, who is
represented through his Power of Attorney holder
namely Vikram Manubhai Trivedi have never claimed
any part of compensation as the land was already sold
to the petitioner namely Nilkanth Vikram Trivedi by
way of registered sale deed long ago and possession
of the entire property lie with the petitioner.
2. Be that as it may, the challenge in the present petition
is tot the validity of the judgment and decree dated
07.08.2015 on various statement of facts, which are
sought to be disputed before us. As no factual inquiry
can be made within the scope of Article 227 of the
Constitution of India, we do not find it a fit case to
adjudicate.
3. At this stage, the learned counsel for the petitioner
would submit that the petitioner be permitted to
NEUTRAL CITATION
C/SCA/5504/2015 ORDER DATED: 05/08/2025
undefined
withdraw the present petition in its entirety, inasmuch
as, he proposes to avail the appropriate remedy to assail
the judgment and decree dated 07.08.2015 in Land
Reference Case No.2 of 2015 passed by the Court of
Principal Civil Judge (Senior Division), Nadiad.
4. In view of the above statement made by Mr.Y. H.
Vyas,the learned counsel for the petitioner during the
course of arguments, the present petition is dismissed as
withdrawn. Interim relief(s), if any, stand(s) discharged.
Pending civil application stands disposed of."
6. It is also pertinent to note that, as per own
submissions made by the learned counsel for the
petitioners, the petitioner no.2, Subhashbhai Rambai Amin,
who was represented through the power of attorney holder
namely Shri Vikram Manubhai Trivedi, is not alive. The writ
petition, thus, cannot be survived on behalf of petitioner no.
2. In so far as the petitioner no. 1 is concerned, he claims
to be the purchaser of the lands in question on the basis of
the sale deed executed by the petitioner no. 2 through the
power of attorney holder namely Shri Vikram Manubhai
Trivedi.
7. A perusal of the order dated 28.07.2025 of disposal
of the Writ Petition No. 14130 of 2015 indicates that the
dispute referred to the Civil Court had been adjudicated by
NEUTRAL CITATION
C/SCA/5504/2015 ORDER DATED: 05/08/2025
undefined
the judgment and decree dated 07.08.2015 in the
reference which was made vide order dated 10.03.2015,
subject matter of challenge herein. It may also be noted
that the claim of the several persons interested in the land
in question for the purposes of the disbursement of
compensation has been determined under the judgment
and decree dated 07.08.2015. Noticing the contention of
the petitioner in the aforesaid writ petition that the
petitioner proposes to challenge the validity of the
judgment and decree dated 07.08.2015 on various
statement of fact, which cannot be adjudicated within the
scope of Article 227 of the Constitution of India, we
permitted the petitioner to withdraw the said writ petition
in its entirety, leaving it open for him to approach the
competent forum/court to challenge the validity and
correctness of the judgment and decree dated 07.08.2015
in the Land reference No. 2 of 2015 passed by the Court of
Principal Civil Judge (Senior Division), Nadiad.
8. In view of the judgment and order dated 28.07.2015,
whereby the petitioner has been permitted to withdraw the
writ petition to approach the competent court of
NEUTRAL CITATION
C/SCA/5504/2015 ORDER DATED: 05/08/2025
undefined
jurisdiction, the present petition wherein the main
challenge is to the order of reference dated 10.03.2015,
cannot survive. As the main relief in the writ petition does
not survive, we do not find any reason to deliberate on the
issue of the validity of the various statutory provisions of
the National Highways Act, 1956, which prayers have been
added by way of an amendment during pendency of the
writ petition, namely Special Civil Application No. 14130 of
2015 decided on 20.07.2025. The present petition is, thus,
rendered as infructuous and dismissed as such. Interim
relief(s), if any, stand(s) discharged. Rule is discharged.
Consequently, the Civil Applications stand disposed of.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
BINA SHAH
