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2026 Supreme(Online)(Guj) 3487

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR.JUSTICE D.N.RAY
SHREE VADODARA PANJRAPOLE SANSTHAV/sUNION OF INDIA
R/SCA/1604/2026



IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1604 of 2026 ==========================================================

SHREE VADODARA PANJRAPOLE SANSTHA Versus UNION OF INDIA & ORS.

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

Appearance:

MR R N KAPADIA(11245) for the Petitioner(s) No. 1 MS. HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 10,2 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1 NANAVATI & CO.(7105) for the Respondent(s) No. 6,8 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 06/02/2026

ORAL ORDER

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

1. Having heard the learned counsels for the parties and perused the record, at the outset, we may note that the present petition is a second round of litigation, after the first set of writ petitions (two in number), namely Special Civil Application No. 10479 of 2024 and Special Civil Application No. 10508 of 2024 filed by the petitioner herein namely Shree Vadodara Panjrapole Sanstha, had been dismissed granting permission to the petitioner to withdraw both the writ petitions with a liberty to file fresh writ petition with better particulars.

2. A perusal of the judgment and order dated 19.07.2024 passed in the aforesaid writ petitions indicates that the Court has noted several inconsistent statements and lack of material documents in both the writ petitions, while granting liberty.

3. By means of the present petition, the petitioner herein, which claims to be a registered Trust, is seeking the reliefs in the following manners:-

“A. YOUR LORDSHIPS be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to initiate proceedings for acquisition by complying with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the National Highways Act, 1956, to pass an award in respect of 40,757 sq.mtrs of Survey No. 757 of village Harni, Taluka Vadodara, District Vadodara, which is the subject-matter of the present petition, and to pay the compensation in accordance with the law along with the interest from the date when actual possession was taken over;

B. Alternatively, YOUR LORDSHIPS be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to the Respondents to return the possession of the property in question, i.e 40,757 sq.mtrs of Survey No. 757 of village Harni, Taluka Vadodara, District Vadodara, to the Petitioner within a stipulated time;

C. YOUR LORDSHIPS be pleased to direct the Respondents to take decision on the legal notices dated 11.03.2023 and 27.05.2023 (Annexure - N & X) and the application dated 04.08.2023 and 10.11.2023 (Annexure - Q & Y) thereto, and the last and final legal notices dated 02.01.2024, (Annexure -

T & BB) within a stipulated time;

D. YOUR LORDSHIPS be pleased to grant the cost of the petition.

E. And pass any other order or grant any other relief as may be deemed fit in the interest of justice.“

4. The contention in the writ petition is that the petitioner is a non-profit charitable trust, having its registration number as Vadodara E/870 dated 30.11.1953 and is duly represented by its authorized trustee namely Rajiv Navinchandra Shah. The copy of the Registration Certificate of the petitioner - Trust issued by the Assistant Charity Commissioner, Baroda Region, Baroda dated

30.11.1953, is appended at page no. ‘31’ of the paper-book.

5. The further statement in the writ petition is that the petitioner is the owner of Survey No. 757 of Village : Harni, Taluka: Vadodara, District: Vadodara, admeasuring total area of the land is 8,20,325 sq. mtrs. and that the said land was purchased by the petitioner in an auction in the year 1925, regarding which the revenue entry no. 207 was effected, and the 7/12 extracts sin

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