Gujarat High Court
Nilkant Vikram Trivedi vs Competent Authority And Special Land ... on 28 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/14130/2015 ORDER DATED: 28/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14130 of 2015
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 14130 of 2015
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NILKANT VIKRAM TRIVEDI
Versus
COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION
OFFICER & ORS.
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Appearance:
MR.VIKRAM TRIVEDI FOR MR YH VYAS(1001) for the Petitioner(s)
No. 1
MS.HETAL PATEL, ASST.GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 7
MR JINESH H KAPADIA(5601) for the Respondent(s) No. 3,6
MS.MANVI DAMLE FOR MR MAULIK G NANAVATI(3318) for the
Respondent(s) No. 8
NOTICE SERVED for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,4,5
VARINDER S SINGH(8290) for the Respondent(s) No. 4,5
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 28/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
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
NEUTRAL CITATION
C/SCA/14130/2015 ORDER DATED: 28/07/2025
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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 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.
NEUTRAL CITATION
C/SCA/14130/2015 ORDER DATED: 28/07/2025
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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.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
SAHIL S. RANGER
