Compensation claims under the National Highways Act require complete documentation; denotification of acquired land is not permissible once acquired.

ORDER :

SUNITA AGARWAL, C.J.

Two detailed orders dated 28.01.2025 and 06.03.2025 have been passed by us in the present petition taking note of the fact that the correct and complete details with regard to the right of the petitioners in the land in question have not been stated clearly so as to issue any positive mandamus awarding compensation amount to the petitioners. In compliance of orders dated 28.01.2025 and 11.02.2025, on the time granted by us vide order dated 06.03.2025, the National Highways Authority of India (NHAI), namely respondent no. 1 has filed an additional affidavit of the Project Director, Project Implementation Unit-Ahmedabad of National Highways Authority of India dated 06.03.2025 today in the Court which is taken on record.

2. It is stated therein that the petitioners claim themselves to be owners of land bearing Survey Nos. 274 and 276/3 of Village Ramol, Ahmedabad and it is their contention that they had purchased the lands in question along with two other persons, Sanjay Haribhai Thakkar and Rajesh Haribhai Thakkar by way of registered sale deed dated 16.11.2009. The fact remains that an area admeasuring 914 sq.mtrs., out of total area 2086 sq.mtrs., of Revenue Survey No. 274 and an area admeasuring 1704 sq.mtrs., out of 1828 sq.mtrs., of Revenue Survey No. 276/3 had been acquired for construction of National Highway in the year 2013-14. The competent authority issued a notice dated 17.01.2017 to the land-holders for production of documents evidencing their entitlement to receive compensation and hand over the possession of the acquired area of their land.

2.1. It is the case of the National Highways Authority of India (NHAI) in the additional affidavit filed today that the petitioners and other owners of the subject land did not come forward to hand over the vacant possession of the acquired land. To this contention made in paragraph ‘4’ of the affidavit filed today, it is vehemently submitted by Mr. Kumar H. Trivedi, learned counsel for the petitioners that the petitioners cannot be put at fault, inasmuch as, the National Highway Authority of India has never made any effort to take over possession of the land in question, rather from the communication dated 13.11.2017 sent by the officers of the NHAI, it is evident that the NHAI itself stalled the process of handing over possession on the premise that the subject land was not required for the purposes of acquisition and the process for denotification of the subject land would have to be initiated. This submission made by the learned counsel for the petitioners is admitted by the NHAI by making an averment in paragraph ‘5’ to that effect. Be that as it may, the fact remains that the possession of the land in question which was acquired in the year 2013-14 remained with the land-holders and neither the possession had been taken by the NHAI nor compensation had been paid to the petitioners.

3. As per the statement made by the NHAI in the additional affidavit filed today, as per the official government record, the land- holders of the land in question were cultivating the entire area admeasuring 2086 sq.mtr., of Revenue Survey No. 274 and an area admeasuring 1828 sq.mtr., of Revenue Survey No. 276/3. The revenue records showing the standing crop to prove the factum of cultivation of the lands in question till the year 2021-22 has been appended as Annexure-R1 to the affidavit filed today.

4. Once it is an admitted fact of the matter that the possession of the lands in question remained with the land-holders on account of inaction on the part of the NHAI, the fact that the land holders were cultivating the lands in question would be of no relevance. At the cost of repetition, it is to be noted that even the case of the counsel for the petitioners is that the land in question is in possession of the petitioners who are claiming ownership over the entire areas of Survey Nos. 274 and 276/3. The submission made by the learned counsel for the petitioners about the r