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HIGH COURT OF GUJARAT
SA,CJ,PT
AMITKUMAR PRAVINBHAI THAKKAR – Appellant
Versus
UNION OF INDIA – Respondent
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 Reven
Compensation claims under the National Highways Act require complete documentation; denotification of acquired land is not permissible once acquired.
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.
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.....
A writ petition involving a dispute regarding right, title, and interest over immovable property is not maintainable except in cases where the claim of the applicant is admitted by the respondent.
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....
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