JUDGMENT :

SUNITA AGARWAL, CJ.

We are conscious of the fact that there is some delay in uploading of the judgment. Though, the dictation started in the Court itself, but could not be completed because of constraint of time. The reasons for delay in uploading the judgment may be discerned from the later part of the judgment.

1.1 Heard the learned counsel for the parties and perused the record. An affidavit dated 12.03.2026 of the Additional Chief Secretary, Revenue Department, Govt. of Gujarat, filed in the Court today is taken on record.

2. There are three petitions in this bunch, two filed by same set of private persons (6 in number) and one by the National Highways Authority of India (in short as ‘the NHAI’). All the writ petitions have been filed in the year 2024.

3. Since the parties in dispute and the issue raised in all the three writ petitions are common, they have been heard together and are being decided by this common judgment. For the sake of convenience and to avoid any confusion, the private persons (6 in number) are being referred as ‘petitioners’ and the contesting National Highway Authority of India as ‘NHAI’ throughout this judgment.

4. The Writ Petition No.8785 of 2024 has been presented on 10.6.2024 by six persons claiming to be owners of the land bearing Survey No.786/paiki 2 (old Survey No.173 paiki 1) of village Bholad, Taluka Dholka, District Ahmedabad. The prayers made in the said writ petition are :-

“(A) that the Honourable Court be pleased to admit and allow this petition;

(B) That the Honourable Court be pleased to issue a writ of mandamus and/or certiorari and/or a writ in the nature of mandamus and/or certiorari and/or appropriate writ order or direction against the respondent no. 1 and/or respondent no. 2 to deposit the amount of compensation awarded vide order dated 29/5/2023 (Annexture A) if not deposited with the competent authority.

(C) That the Honourable Court be pleased to issue a writ of mandamus and/or certiorari and/or a writ in the nature of mandamus and/or certiorari and/or appropriate writ order or direction to the competent authority (Respondent no.4) to pay the compensation amount awarded to the vide award dated 29/5/2023 (ANNEXURE A), at the earliest within a stipulated time period.”

5. The prayers made in Special Civil Application No.8804 of 2024 filed by the same set of six private persons read as under :-

“(A) that the Honourable Court be pleased to admit and allow this petition;

(B) That the Honourable Court be pleased to issue a writ of mandamus and/or certiorari and/or a writ in the nature of mandamus and/or certiorari and/or appropriate writ order or direction against the respondent no.1 and/or respondent no.2 to deposit the amount of compensation awarded vide order dated 16/03/2024 (Annexure A) if not deposited with the competent authority.

(C) That the Honourable Court be pleased to issue a writ of mandamus and/or certiorari and/or a writ in the nature of mandamus and/or certiorari and/or appropriate writ order or direction to the competent authority (Respondent no.4) to pay the compensation amount awarded to the vide award dated 16/03/2024 (ANNEXURE A), at the earliest within a stipulated time period.”

6. The facts in brief, as stated in the aforesaid two writ petitions filed by the common petitioners (six in number), are that the petitioners are the owners of the lands bearing Survey No. 786/paiki 2 (old Survey No. 173 paiki 1), out of which land admeasuring 8619 sq.mtrs. came to be acquired for Ahmedabad-Dholera Expressway (in short as ‘the Expressway”) vide notification dated 04.05.2023 and the award under Section 3G of the National Highways Act, 1956 (in short as ‘the Act, 1956) determining compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been declared on 29.05.2023. For acquisition of additional land admeasuring 398 sq.mtrs. of Survey No. 786/paiki 2 (old Survey No.