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
NEUTRAL CITATION
C/SCA/18989/2019 ORDER DATED: 05/08/2025
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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
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C/SCA/18989/2019 ORDER DATED: 05/08/2025
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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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C/SCA/18989/2019 ORDER DATED: 05/08/2025
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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
