High Court of Gujarat

NATIONAL HIGHWAY AUTHORITY OF INDIAversusCOMPETENT AUTHORITY NATIONAL HIGHWAYS

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition is dismissed as infructuous because the relief sought is no longer applicable.

Summary

The National Highway Authority of India (NHAI) filed a special civil application against the Competent Authority National Highways & Anr., seeking relief concerning possession of a parcel of land required for a highway project. The petitioner alleged that the land had not been handed over and that the road construction was being impeded. During the hearing, counsel for the petitioner informed the court that the land had already been taken over by the authorities and the road had been constructed, rendering the grievance moot. The court examined whether the petition retained any operative issue in light of these developments. Finding that the factual dispute no longer existed, the court held that the petition had become infructuous. Consequently, the court disposed of the petition and discharged the notice.

Issues considered

Whether the petition remains maintainable when the land in question has already been taken over and the road constructed, rendering the grievance moot?

Subjects

land acquisitionpublic worksinfructuous petitionhigh court orderNational Highway Authority of India

Judgment

         C/SCA/3099/2023                                                         ORDER DATED: 23/04/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/SPECIAL CIVIL APPLICATION NO. 3099 of 2023

 ================================================================
                  NATIONAL HIGHWAY AUTHORITY OF INDIA
                                 Versus
              COMPETENT AUTHORITY NATIONAL HIGHWAYS & ANR.
 ================================================================
 Appearance:
 MR MAULIK NANAVATI FOR NANAVATI & CO.(7105) for the Petitioner(s)
 No. 1
 MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the
 Respondent(s) No. 2
 NOTICE SERVED BY DS for the Respondent(s) No. 1
 ================================================================

    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                                              Date : 23/04/2026

                                                     ORDER


           Learned counsel for the petitioner has submitted that the
 grievance raised in the present petition does not survive any longer,
 as the possession of the land in question is already taken over and
 the road is already laid down and therefore, the present petition has
 become infructuous.


           In view of above, present petition stands disposed of as having
 become infructuous. Notice is discharged.



                                                                    (HEMANT M. PRACHCHHAK,J)

 Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 23/04/2026 18:21:04


                                                     Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "land acquisition"Sign in to search