IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2606 of 2026 ==========================================================

MAVJIBHAI JIVABHAI NAKUM & ANR.

Versus UNION OF INDIA & ORS.

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Appearance:

KAUSHAL H PATEL(9328) for the Petitioner(s) No. 1,2 MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1,2 MR. SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 2,3 MR ANKIT SHAH(6371) for the Respondent(s) No. 1 MR MAULIK G NANAVATI(3318) for the Respondent(s) No. 4,5 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 03/03/2026

ORAL ORDER

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

1. The petitioners herein seek a writ in the nature of certiorari for quashing and setting aside the notification dated 09.08.2021 published under Section 3D of the National Highways Act, 1956 (the Act, 1956) as well as the award dated 04.08.2022 passed by the competent authority, NHAI qua the land in question, the description of which has been given in paragraph no. ‘4’ of the writ petition, Revenue Survey No. 136/1 (Old No. 97 paiki) of Village Harshadpur, Taluka Khambhaliya, District Devbhoomi Dwarka.

2. The contention in the writ petition is that an area of

2292 sq. mtrs. of the aforesaid plot has been acquired in the land acquisition proceedings conducted under the National Highways Act, 1956. It is also an admitted fact that the acquisition proceedings had been brought to its logical end with the making of the award dated 04.08.2022 by the competent authority and the receipt of the compensation by the petitioners.

3. After a period of four years, of receipt of compensation, the petitioners come up in the present petition seeking for quashing of the acquisition proceedings asking for diversiting of the Central Government from the land in question, on the premise that the land in question is not needed by the beneficiary namely the National Highways Authority of India.

4. It is contended in the writ petition that the petitioners have been informed by the competent authority, NHAI namely the respondent no. 3 herein that the NHAI has intimated that it does not need the land in question and further the petitioners were asked to redeposit the compensation amount. This assertion is based on a letter dated 21.05.2024, written by the Competent Authority namely the respondent no. 3 herein appended at page no.

‘131’ of the paper-book.

5. Mr. Maulik G. Nanavati, learned advocate appearing for the respondent – NHAI has passed on a copy of the communication dated 23.07.2025, sent by the Project Director, NHAI, PIU - Rajkot to the Competent Authority of Land Acquisition, Prant Officer, Khambhalia, District : Devbhoomi Dwarka for completion of necessary formalities for mutation of the name of Central Government/NHAI in the revenue records with respect to the Revenue Survey No. 136/P, Village Harshadpur and further to handover the physical possession of the land in question to the Project Implementation Unit (PIU), Rajkot. A perusal of the said communication indicates that the land in question has been acquired for four laning of Dwarka-Khambhaliya-Devariya section from km 203.500 to 176.500 and from km 171.800 to

130.000 of National Highway No. 151A.

6. The communication dated 23.07.2025 has been sent by the Project Director to the competent authority with reference to its two letters no. NHAI/51/2025 dated 15.05.2025, seeking permission for cancellation of the Award passed under Section 3G of the Act, 1956, with respect to the land in question. It is categorically stated therein that there exists no legal provision under the Act, 1956 for denotification cancellation of the award pertaining to an acquired land, once the same has been notified under Section 3D of the Act, 1956. The land in question acquired for public purpose, once vests with the Cen