Aanganvilla Cooperative Housing ... vs State Of Gujarat
2025 Latest Caselaw 199 Guj

Gujarat High Court

Aanganvilla Cooperative Housing ... vs State Of Gujarat on 6 May, 2025

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                                           NEUTRAL CITATION




                            C/SCA/6353/2025                                 ORDER DATED: 06/05/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/SPECIAL CIVIL APPLICATION NO. 6353 of 2025
                     ==========================================================
                                    AANGANVILLA COOPERATIVE HOUSING SOCIETY
                                                     Versus
                                            STATE OF GUJARAT & ORS.
                     ==========================================================
                     Appearance:
                     MR GM AMIN(124) for the Petitioner(s) No. 1
                     MS HETAL PATEL, ASST.GOVERNMENT PLEADER for the Respondent(s)
                     No. 1
                     MR MAULIK NANAVATI, NANAVATI & CO.(7105) for the Respondent(s) No.
                     2,3
                     ==========================================================
                        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. Based on the directions contained in the judgment and order dated 11.12.2024 passed by this Court in two writ petitions filed by the petitioners herein, it is sought to be submitted by Mr. G.M. Amin, learned counsel for the petitioner that the order of the writ Court issuing directions to the National Highway Authority of India (NHAI) to deposit compensation amount under the original award has not been complied with, which has resulted in delay of disbursement of compensation to the land holders.

2. Taking note of the above submission, pertinent is to record that in various paragraphs of the writ petition, it is sought to be submitted that the petitioner wrote letters to the Project Manager, NHAI asking him to deposit the compensation amount, but the same has not been deposited till date. The prayer for issuance of

NEUTRAL CITATION

C/SCA/6353/2025 ORDER DATED: 06/05/2025

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proceedings for non-violation of the order of this Court can be pressed into service before the appropriate Court. In so far as the question of disbursement of compensation by the competent authority is concerned, it may be noted that the petitioner has not moved a proper application seeking for disbursement of compensation in accordance with the provisions of Section 3H of the National Highways Act, 1956 (in short as 'the Act' 1956') and as such no positive direction can be issued. However, liberty is with the petitioner to move a proper application under Section 3H of the Act' 1956 before the competent authority by seeking for disbursement of compensation amount by appending the documents of its title over the property in question. On receipt of the said application, the competent authority shall be under obligation to proceed strictly in accordance with the provisions of the Section 3H of the Act, 1956 and shall make an endeavour to decide the application as expeditiously as possible preferably within the period of two months from the date of receipt of copy of this order.

3. With the above, the present petition stands disposed of.

(SUNITA AGARWAL, CJ )

(PRANAV TRIVEDI,J) SUDHIR