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2025 Supreme(Guj) 1363

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Dilipbhai Kashiram Valvi – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Kruti M Shah
For the Respondent:Ms. Hetal Patel, AGP, Mr. Maulik Nanavati, Advocate For Ms. Manvi Damle, Advocate For Nanavati & Co.

ORDER :

SUNITA AGARWAL, CJ.,

ORDER IN CIVIL APPLICATION

1. This application is pending since the year 2018. No objection has been filed on behalf of the Respondent – NHAI.

2. Mr. Maulik Nanavati, learned advocate has put in appearance on behalf of Respondent-NHAI who could not raise any plausible objection to the prayer made in the application.

3. The application is accordingly, allowed. The applicant is permitted to be joined as the petitioner and is held entitled for the same relief as has been granted to the petitioner herein, in the following order.

ORDER IN SPECIAL CIVIL APPLICATION :-

1. Heard Ms. Kruti M. Shah, learned advocate for the petitioners, Mr.Maulik Nanavati and Ms.Manvi Damle, learned Counsels for the respondent-NHAI and Ms.Hetal Patel, learned Assistant Government Pleader appearing for the State-Respondents.

2. The relief prayed in the present petition are as under:

“(b) issue appropriate, writ, order or direction to declare Section 3(j) of the NATIONAL HIGHWAYS ACT , 1956 as unconstitutional and ultra-virus to Article 14 and 21 of the Constitution of India.

(c) issue appropriate, writ, order or direction for quashing and setting aside the land acquisition proceedings in pu

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