Gujarat High Court
Galpar Gram Panchayat vs Union Of India on 8 January, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/9461/2015 JUDGMENT DATED: 08/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9461 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
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Approved for Reporting Yes No
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GALPAR GRAM PANCHAYAT & ORS.
Versus
UNION OF INDIA & ORS.
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Appearance:
APPEARANCE DELETED for the Petitioner(s) No. 1
MR. JAIMIN R DAVE(7022) for the Petitioner(s) No.
10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,3,4,5,6,7,8,9
MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 1
MR MAULIK G NANAVATI(3318) for the Respondent(s) No. 2,3
MS HETAL PATEL ASSISTANT GOVERNMENT PLEADER for the Respondent (s)
No. 4
RULE SERVED for the Respondent(s) No. 3,4
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 08/01/2025
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
Heard the learned counsels for the parties and perused the
record.
2. The present petition has been filed by 25 persons, claiming to
be residents of Village Galpadar, Gandhidham, Kutch. The contention
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is that the petitioners are residing in their residential properties for
the past 50 years or more at the time of filing of the writ petition
and their names are duly recorded in the panchayat ownership
record from the time of existence of the village in question.
2.1. It seems that the notification dated 08.03.2013 under Section
3A of the National Highways Act, 1956 was published for the
purposes of widening, maintaining and operating National Highway
No.8A ('N.H.8A' for short) in Kandla-Chandroda Section in District
Kutch. The said notification was for acquisition of 'gamtal' land
admeasuring 0.3905 Hectares as indicated from the copy of the
notification at page '73'. The nature and category of the lands in
question shown in the notification itself is private and non-
agricultural. It is further contended in paragraph '2.6' of the writ
petition that after publication of the notification dated 08.03.2013
under Section 3A of the National Highways Act, 1956 (hereinafter
referred to as the "Act, 1956"), the officers of the National Highways
Authority, namely the respondents herein along with the District
Inspector of Land Records (DILR), Kutch had conducted a joint
survey of gamtal land. During survey, it was revealed that
approximate seventy (70) people jointly or individually owned
different parcels of land in the total area of gamtal land admeasuring
0.3905 Hectares, acquired by the NHAI.
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2.2. It is further contended that the names of all seventy (70)
properties affecting approximately 300 persons including the name
of the petitioners herein (25 in number) were shown in the
measurement sheet/map attached with the DILR report which is
appended as Annexure-'D' (collectively) to the writ petition. The
contention thus, is, that the respondent authorities themselves have
acknowledged the existence of petitioner's properties in the gamtal
land. However, while issuing notification under Section 3D of the Act,
1956 dated 05.03.2014, the names of only five persons had been
indicated as owners/interested persons, which can be seen from page
'111' of the paper book, from the copy of notification under Section
3D of the Act, 1956 dated 05.03.2014.
3. The submission thus, in the writ petition is that in the joint
survey measurement report, it was clear that the petitioner's
properties were included in the proposed area of 0.3905 Hectares,
notified for acquisition under the notification dated 08.03.2013 under
Section 3A of the Act, 1956 and hence it was not open for the
respondent - NHAI to delete the names of the petitioners herein
from being owner/persons interested in the aforesaid gamtal land. It
is also submitted that in the month of November, 2014, the award
has been passed under Section 3G of the Act, 1956 which made a
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mention of only 11 properties. Being aggrieved, the petitioners and
other villagers had filed several representations which have not been
responded to.
4. It is further contended in paragraph '2.13' of the writ petition
that to the best of the knowledge of the petitioners, the substantial
part of the petitioners properties are outside the approved 48.5
meter extension width. Further that according to the direction of the
competent authority, NHAI, the respondents are not entitled to carry
out acquisition beyond 48.5 meter and the properties of the
petitioners falls outside the approved right of way.
5. Taking note of these submissions made in the writ petition, we
may record that the statement that NHAI has approved only 48.5
meter extension width based on some internal communications
between different officers of NHAI which are sought to be appended
as Annexure-'G' to the writ petition, cannot be given any weightage.
Be that as it may, from the material brought on record in the writ
petition itself, a careful perusal of the notifications dated 08.03.2013
and 05.03.2014 indicates that for the purpose of extension of
National Highway No. 8A between 0.000 km to 38.000 km. (Kandla-
Chandroda Section), for widening/four/six lane, gamtal land of village
Galpadar, Taluka Gandhidham, District Kutch admeasuring 0.3905
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Hectares had been acquired. The said acquisition proceedings had
been brought to its logical end with the declaration notification
under Section 3D dated 05.03.2014 and making of the award as per
own contention of the petitioners. The fact that the names of only five
persons being owners/interested in the land in question were
indicated in Section 3D notification would not be relevant, inasmuch
as, the determination on the question of entitlement of the persons
interested in the land in question for the purposes of compensation is
to be made by the competent authority, NHAI, which is empowered
to declare the award.
6. We may further record that there is no whisper in the entire
writ petition that the petitioners have been dispossessed on account
of the construction/ widening of the National Highway. It seems that
on the presentation of the writ petition, an interim order dated
09.06.2015 was passed directing the parties to maintain status-quo
which was extended for some time. In the order dated 21.08.2015
passed by this Court, taking note of the reply submitted by the
respondent, while maintaining the status-quo, it was clarified that if
the acquiring body has already taken over possession of the land, the
status-quo order will not prevent the authority from developing such
land in accordance with the purpose for which the land was
acquired. By another order dated 27.10.2015, it was clarified that the
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order dated 21.08.2015 shall be confined only to the lands of the
petitioners covered under the notification dated 05.03.2014 under
Section 3D of the Act, 1956 and award dated 05.02.2015 under
Section 3G of the Act, 1956.
7. Considering the above, suffice it to record that the prayers
made in the writ petition for restraining the respondents from
carrying out the purpose of acquisition i.e. for widening/constructing
the National Highway 8A, cannot be granted. Further, there is no
challenge to the acquisition notification on any of the grounds
available to challenge the acquisition made for a public purpose. On
any issue raised with regard to the right or interest of the petitioners
in the acquired land, namely gamtal land of village Galpadar, Taluka
- Gandhidham, District Kutch (out of 0.3905 Hectares), it would be
open for the petitioners to approach the competent authority seeking
for determination of their right of disbursement of compensation, for
the acquired area of any portion of the land belonging to the
petitioners, as is sought to be agitated in the writ petition. While
saying so, we may clarify that, in case, the petitioners approaches
the competent authority, NHAI, namely the Deputy Collector
concerned, raising any dispute with respect to his entitlement of
compensation for the acquisition of any portion of the land belonging
to the petitioners or the land in which the petitioners are interested,
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it would be obligatory on the part of the competent authority to issue
notice to all persons interested in the total acquired gamtal lands
admeasuring 0.3905 Hectares including the concerned gram
panchayat. The determination on the question of right of the
petitioners to receive compensation, if any, for the acquired portion
of the land belonging to the petitioners, in any case, shall be made
after giving due notice and opportunity to all concern. The intricate
question of right, title and interest of the petitioners in the acquired
land, if arise, the same be referred for adjudication to the Civil
Court.
8. While clarifying that we have not entered into the merits of the
claim of the petitioner with regard to having right, title or interest in
the acquired area of gamtal land admeasuring 0.3905 Hectares of
Village Galpadar, Gandhidham, District Kutch, we dispose of the writ
petition with the observations and directions given herein above.
With the above order, it goes without saying that the initial interim
order dated 09.06.2015 directing the parties to maintain status-quo
will not survive. Rule is discharged.
Pending application, if any, stand disposed of, accordingly.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
phalguni
