IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 19884 of 2018 =============================================

SHRI SWAMINARAYAN SATSANG SEVA SAHITYA PRACHAR SAMITEE Versus UNION OF INDIA & ORS.

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Appearance:

MS. KRUTI M SHAH(2428) for the Petitioner(s) No. 1 MS. PAYAL M TUVAR(7055) for the Petitioner(s) No. 1 MS HETAL PATEL, AGP for the Respondent(s) No. 2 MR MAULIK NANAVATI for NANAVATI & CO.(7105) for the Respondent(s) No. 3,4 UNSERVED WANT OF TIM for the Respondent(s) No. 1 =============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 25/08/2025

ORAL ORDER

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

1. Heard learned counsel for the parties and perused the record.

2. By means of the present petition, the petitioner seek for following reliefs :-

"(b) issue an appropriate, writ, order or direction to declare Sections 3(J) and 3(G)(5) and (6) of the National Highways Act, 1956 as unconstitutional and ultra vires to Article 14 and 21 of the Constitution of India;

(c) issue an appropriate, writ, order or direction for quashing and setting aside the order dated 18.09.2018 passed by the respondent no.2 to the extent of not passing the order of payment of compensation for 1454 sq. meters of land;

(d) issue an appropriate, writ, order or direction to the respondent authorities to immediately pay the remaining amount of compensation awarded within a stipulated period of time and along with interest;

(e) issue an appropriate, writ, order or direction to the respondent authorities to denotify the land admeasuring 1454 sq. meters of 13/1 + 2 situated at village: Vasad, Taluka District Anand and give back the same to the petitioner;

(f) PENDING ADMISSION, FINAL HEARING & DISPOSAL of this petition, direct the respondents to immediately pay the amount of compensation awarded by modified award dated 14.05.2015"

3. At the outset, we may note that the prayer (b) in the Writ petition, it is submitted by Ms. Kruti M. Shah, learned advocate appearing for the petitioner that the petitioner does not want to press the prayer challenging the constitutionality of the provisions of Section 3G(5) and (6) of the National Highways Act, 1956, inasmuch as, the said issue is engaging the attention of the Apex Court. About constitutionality of Section 3J of the National Highways Act, 1956, the issue has been adjudicated by the Apex Court in the case of Union of India and Anr.

Vs. Tarsem Singh & Ors. [(2010) 9 SCC 304]

4. The only dispute, thus, remains is about the order dated

18.09.2018 passed by the competent authority/Deputy Collector of withholding the compensation for an area of 1454 sq. mtrs. of the land in question while releasing compensation for the area admeasuring 1018 sq. mtrs. The petitioner herein claims to be owner in possession of the land in question bearing Block/Survey No. 13/1 + 13/2. Copy of the relevant 7/12 extract of the said Survey No. is appended as Annexure ‘A’ to the Writ petition.

5. The contention of the petitioner is that a total area admeasuring 2472 sq. mtrs. of the aforesaid plots had been acquired for the National Highways and the compensation determined under the award dated 14.05.2015 to the tune of Rs.2,84,28,000/- was required to be paid for the entire area admeasuring 2472 sq. mtrs. of the land bearing Survey Nos. 13/1 and 13/2 of village Vasad belonging to the petitioner.

6. However, part payment for an area admeasuring 1018 sq. mtrs. had been made and for the remaining area of 1454 sq. mtrs., payment was withheld in view of the letter written by the Project Director, NHAI, with the further observation in the order impugned dated 18.09.2018 that the said payment would be released as and when permission would be granted by the Project Director, NHAI.

7. From the record, pertinent is to note that the original award for the land in question was declared on 03.06.2013