High Court of Gujarat

GHANSHYAMBHAI HIMMATSINH DODversusSTATE OF GUJARAT

Decided: 28 July 2026
Disposal: DISPOSED AS INFRUCTUOUS
Bench: NIRZAR S DESAI

Holding

The petition is dismissed as infructuous, but the compensation dispute may be decided independently.

Summary

The petitioner, Ghanshyambhai Himmatsinh Dod, challenged the adequacy of compensation offered for a transmission line that had already been installed and made functional. He argued that the compensation was insufficient and sought relief before the competent authority and the court. The court observed that, since the transmission line installation was complete and compensation had been offered, the petition had become moot. Consequently, the court disposed of the petition as infructuous, clarifying that the dispute over compensation could be decided independently of this petition. The order allows the petitioner to pursue the compensation issue separately based on the records he may produce.

Issues considered

Whether the petition is maintainable when the transmission line has been installed and compensation offered
Whether the petition is infructuous (moot) in view of the completed installation

Subjects

compensation
transmission line
infructuous petition
special civil application
Gujarat

Judgment

       C/SCA/11335/2025                                                              ORDER DATED: 28/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO.11335 of 2025
=========================================
                               GHANSHYAMBHAI HIMMATSINH DOD
                                            Versus
                                   STATE OF GUJARAT & ORS.
=========================================
Appearance :
MS ABHA B MAKWANA for the Petitioner.
MR NIKUNJ KANARA, AGP for the Respondent Nos.1,2
MR SALIL M THAKORE for the Respondent No.3
=========================================
 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                             Date : 28/07/2026
                                                  ORDER


                     Learned advocate appearing for the petitioner, under
instructions, states that the transmission line is already installed
and made functional and part compensation is offered to the
present petitioner which the petitioner found to be inadequate and,
therefore, the petitioner has challenged the same before the
Competent Authority / Court. Hence, at this stage, as this petition
has become infructuous, this petition may be disposed of as having
become infructuous.


                     Accordingly, the petition is disposed of as having
become infructuous. It is clarified that as the petitioner’s dispute
related to inadequacy of compensation is pending, the same may be
decided independently without being influenced by the outcome of
the present petition on its own merits on the basis of the records
that may be produced by the petitioner.


                                                                                  (NIRZAR S. DESAI,J)
SAVARIYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/07/2026 17:29:17




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