Back
SUNITA AGARWAL, PRANAV TRIVEDI
Bhikhabhai s/o. Dansang koli – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Heard learned counsels for the parties and perused the report.
2. The present petition has been filed against the State Respondents and the acquiring body namely the National Highway Authority of India (NHAI) with the following prayers:
(b) That this Hon'ble Court may be pleased to stay the further work under the "Bharat Mala Project" qua the land of the petitioner in the interest of justice.
(c) YOUR LORDSHIPS may be pleased to pass such other and further order as the nature and circumstances of the case may be required.”
3. The petitioner herein claims to be the owner and occupier of land bearing Survey No.245, Village Kilana, Taluka Santalpur, Distri
The court clarified that ownership disputes regarding land acquisition must be resolved by the competent revenue authority, not through a writ petition under Article 226.
Compensation claims under the National Highways Act require complete documentation; denotification of acquired land is not permissible once acquired.
The National Highway Act, 1956 provides for the acquisition of private properties for the construction of national highways, including the process of award declaration and compensation determination.....
Point of Law - Section 3-H (4) of the National Highways Act, 1956, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereo....
The land acquisition process is valid despite claims of forgery in records without prior objections raised during the process.
The court established that undisputed title is mandatory for compensation in land acquisition, affirming the need for appropriate judicial avenues for title disputes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
