SCA/18966/2017

Judgment text excerpt

NEUTRAL CITATION C/SCA/18966/2017 JUDGMENT DATED: 16/06/2026 2026:GUJHC:37640-DB IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 18966 of 2017 ========================================================== HARIBHAI MALUBHAI CHAVDA & ORS. Versus UNION OF INDIA & ORS. ========================================================== Appearance: MS. KRUTI M SHAH(2428) for the Petitioner(s) No. 1.1,1.2,1.3,1.4,1.5,2 MR.MAULIK NANAVATI, ADVOCATE FOR NANAVATI & CO.(7105) for the Respondent(s) No. 3 NOTICE NOT RECD BACK for the Respondent(s) No. 2 NOTICE SERVED for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 16/06/2026 ORAL JUDGMENT (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) 1. The present petition has been filed in the year 2017 by a person who had executed a sale deed dated 10.03.2015 with respect to the land in question, which is subject matter of the present petition namely Survey No. 177 paiki and another sale deed dated 18.03.2015 with respect to Survey No.175 paiki registered in the office of the Sub Registrar. 2. The stand of the respondent–NHAI in its affidavit dated Page 1 of 4 Uploaded by () on Downloaded on : Tue Jun 30 23:19:03 IST 2026 NEUTRAL CITATION C/SCA/18966/2017 JUDGMENT DATED: 16/06/2026 2026:GUJHC:37640-DB 02.03.2026 is that the land in question has been purchased by the NHAI by way of the aforesaid sale deeds and it is not a case of the acquisition of the land in question under the National Highways Authority Act, 1956 (for short “the Act, 1956”). The prayer made by the petitioner in the writ petition of grant of benefit of solatium and interest in view of the decision of the