Modification of Order dtd.

undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10297 of 2025 [On note for speaking to minutes of order dated 16/09/2025 in R/SCA/10297/2025 ]

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GULABBHAI MAGANBHAI PATEL Versus COMPETENT AUTHORITY FOR LAND ACQUISITION OFFICER & ANR.

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Appearance:

MR. BHAUMIK DHOLARIYA(7009) for the Petitioner(s) No. 1 GOVERNMENT PLEADER for the Respondent(s) No. 1 NANAVATI & CO.(7105) for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 06/10/2025

ORAL ORDER

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

In the 4^th line from bottom of the paragraph no. 12 at page no.7 of the judgment and order dated 16.09.2025, the date “11.03.2023” be corrected and replaced as “11.03.2013”.

The note for speaking to minutes is disposed of.

(SUNITA AGARWAL, CJ )

(D.N.RAY,J)

VARSHA DESAI undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10297 of 2025 ==========================================================

GULABBHAI MAGANBHAI PATEL Versus COMPETENT AUTHORITY FOR LAND ACQUISITION OFFICER & ANR.

==========================================================

Appearance:

MR. BHAUMIK DHOLARIYA(7009) for the Petitioner(s) No. 1 MS. HETAL PATEL,AGP for the Respondent(s) No. 1 MR. MAULIK NANAVATI, ADVOCATE FOR NANAVATI & CO.(7105) for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 16/09/2025

ORAL ORDER

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

1. Pursuant to the order dated 19.08.2025, an affidavit dated 03.09.2025 has been filed by the Project Director, Project Implementation Unit – Surat of the National Highways Authority of india. It is categorically stated therein that the Central Government had entrusted the management of the entire stretch of National Highway No. 8 (NH-8), in so far as it is passes through the State of Gujarat to the National Highway Authority of India, in the year 1999. The Notification dated 04.02.1999 issued by the Central Government is placed on record.

2. Post entrustrment, the National Highway Authority started the work of strenghening of the then existing Four- Lane and widening of the same to Six-Lane highway, passing through Navsari Taluka, which had resulted in the publication of the acquisition notifications dated 25.03.2011 and 14.03.2012 under Section 3A and 3D of the National Highways Act, 1956; respectively.

3. It is categorically stated therein that the work of expansion of the National Highways in the aforesaid region had been completed way back in the year 2013. The Project Officer, National Highway categorically states that the detailed survey was carried out and the survey sheet was prepared by the District Inspector of the Land Records (DILR) defining the boundry line of the existing right of way along with the entire stretch of the National Highway passing through Navsari Taluka. A persual of the survey sheet reveals that the then existing Four-Lane road did not pass through or even abut land bearing Survey No. 37 (new block no.47) of Village Vejalpur, belonging to the petitioner herein. The village map prepared by the DILR along with the survey sheet also showed geographical position of the land bearing Survey No.37, which is quite far from the existing highway. 4. The contention is that the survey sheet prepared by the DILR shows that the then existing Four-Lane Highway passed besides the land bearing Survey No. 371, Village Vejalpur. The further contention is that the project consultant after conducting an exhaustive study recommended for acquisition of the lands lying on the right hand side of the then existing Four-Lane h