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2025 Supreme(Online)(Guj) 8578

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ, NISHA M. THAKORE, J
GULABBHAI MAGANBHAI PATEL – Appellant
Versus
COMPETENT AUTHORITY FOR LAND ACQUISITION OFFICER – Respondent


Advocates:
For the Appellants/Petitioners: MR. BHAUMIK DHOLARIYA
For the Respondents: GOVERNMENT PLEADER, MR.MAULIK G. NANAVATI FOR NANAVATI & CO.

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The petitioner herein claims to be owner in possession of the land bearing old block / Survey No. 37 (new block / Survey No.47) admeasuring 2 – 18 – 63 hector – are – sq.mts. of Moje Vejalpore, Taluka and District Navsari.

2. The contention in the writ petition is to the effect that during the acquisition proceedings for widening of National Highway No.8 from four lanes to six lanes, passing from Surat (Gujarat) to Dahisar (Maharashtra), an award dated 11.03.2013 came to be passed, where a reference of the subject land being old survey No. 37 admeasuring 0.0556 hector, has been made.

3. The contention in the writ petition is that infact, the land in question namely Survey No.37 belonging to the petitioner has never been acquired and the assertions in the award about the said land being an acquired land is a result of clerical / typographical error. The contention in the writ petition is that infact in place of Survey No.37, Survey No. 371, which is a gauchar land has been utilized by the National Highways Authority of India for the purpose of widening of NH – 8 from four lanes to six lanes for the abovenoted stretch.

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