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High Court of Gujarat

MADINABEN HAJIBHAI MANSURIversusSTATE OF GUJARAT

Decided
Disposal
DISPOSED AS INFRUCTUOUS

Holding

The petition is dismissed as infructuous, allowing the compensation dispute to be decided separately.

Summary

Madinaben Hajibhai Mansuri filed a Special Civil Application against the State of Gujarat and others, challenging the adequacy of compensation offered for a transmission line that had already been installed and made functional. The petitioner argued that the compensation was insufficient and sought relief from the court. The court observed that since the transmission line was completed and compensation had been offered, the petition had become infructuous. Consequently, the court disposed of the petition on the ground of infructuity, clarifying that the compensation dispute could be decided independently of this petition. No merits of the compensation claim were adjudicated in this order.

Issues considered

  • Whether the petition is infructuous and can be dismissed without adjudicating the compensation claim?

Subjects

  • compensation
  • infructuous petition
  • special civil application
  • transmission line
  • land acquisition

Judgment

         C/SCA/4855/2025                                                             ORDER DATED: 28/07/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO.4855 of 2025

=========================================
                                    MADINABEN HAJIBHAI MANSURI
                                               Versus
                                      STATE OF GUJARAT & ORS.
=========================================
Appearance :
MS ABHA B MAKWANA for the Petitioner.
MS ROSHNI PATEL, 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 17:29:39



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