IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13832 of 2015 With CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 13832 of 2015 FOR APPROVAL AND SIGNATURE:

HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY ==========================================================

Approved for Reporting Yes No ==========================================================

NOORJAHAN AHMEDJI W/O LATE AHMEDJI DAUDJI JAORAWALA &

ORS.

Versus COMPETENT AUTHORITY & ORS.

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

Appearance:

ADITYA A GUPTA(7875) for the Petitioner(s) No. 1,2,3,4 MR AR GUPTA(1262) for the Petitioner(s) No. 1,2,3,4 MS. HETAL PATEL, AGP for the Respondent(s) No. 1,2,3 MR MAULIK G NANAVATI(3318) for the Respondent(s) No. 4 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 18/02/2026

ORAL JUDGMENT

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

1. This is a wholly misconceived petition filed by the four persons out of which one, the petitioner No.1 had died during the pendency of the writ petition, in the month of October, 2022.

2. The reliefs prayed in the writ petition are as follows :-

“23 a) YOUR LORDSHIPS BE PLEASED to declare the notification dated 24.12.2009 at Annexure F under Section 3(a) of the National Highways Act, 1956, appointing Second Additional Special Land Acquisition officer, Respondent No. 1, as the competent authority as unconstitutional being ultra against the provisions of the Constitution of India and being without jurisdiction and to issue a write of mandamus, certiorari or any other writ, direction or order to quash and set aside the same in the interest of justice.

(b) YOUR LORDSHIPS BE PLEASED to declare that the notification dated 15.06.2012 at Annexure G does not apply to the land of the petitioners and to issue a writ of mandamus, certiorari or any other writ, direction or order to quash and set aside the same only to the extent it applies to the land of the petitioners more particularly described at Para 1 of this petition in the interest of justice.

(c) YOUR LORDSHIP BE PLEASED to declare the Notification dated 15.06.2012 at Annexure G as being against Section 3A(2) of the National Highways Act, 1956 and to issue a writ of mandamus, certiorari or any other writ, direction or order to quash and set aside the same to the extent it applies to the land of the petitioners more particularly described at Para 1 of this petition in the interest of justice (d) YOUR LORDSHIPS BE PLEASED to declare the consequential steps under the National Highways Act, 1956 by way of Declaration dated 21.05.2013 under Section 3D at Annexure H and the Award passed by the Respondent No. 1 dated 31.01.2014 at Annexure E as being illegal to the extent it applies to the land of the petitioners more particularly described at Paragraph 1 of this petition and to issue a writ of mandamus, certiorari or any other writ, direction or order to quash and set aside the same to the extent it applies to the land of the petitioners in the interest of justice.”

3. Pertinent is to note that the present petition challenging the acquisition proceedings, concluded with the making of the award dated 31.01.2014 under Section 3G of the National Highway Act, 1956 (for short “the Act, 1956”), was instituted after a gap of about 18 months (one year seven months). The date of presentation of the writ petition as reported is 21.08.2015. Pertinent is to record that the writ petitioners are silent about the compensation paid or deposited by the acquiring body to the petitioners.

4. Originally, in writ petition, the challenge to the acquisition notifications dated 15.06.2012 and 21.05.2013 under Section 3A and 3D of the Act, 1956, was based on the ground that the land of the petitioner was not included in the preliminary notification under