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Judgment
V.M. Sahai, J.—We have heard learned Counsel Mr. A.J. Patel, assisted by Mr. Arpit Kapadia for the Petitioner, and Mr. Maulik G.
Nanavati learned Counsel for Respondent No. 1, learned Assistant Government Pleader Mr. N.J. Shah for Respondent No. 2 and learned
Counsel Mr. P.S. Champaneri for Respondent No. 3.
A notification dated 23.8.2010 under Sub-section (1) of Section 3A of the National Highways Act, 1956 (for short ''the Act'') was issued for
acquiring land. By the notification, two plots of the Petitioner, being Survey Nos. 26/5 and 26/2 were to be acquired. The Petitioner filed his
objection u/s 3C of the Act. The objection of the Petitioner was considered and rejected by Respondent No. 2. The order of Respondent No. 2
had not been challenged before us. The final notification u/s 3D of the Act was issued, wherein the plots of the Petitioner bearing Survey No. 26/5
and 26/2 had been acquired. However, the land of Gametal mentioned in notification dated 23.8.2010 had been omitted from final notification
dated 11.1.2011.
In this petition, the relief claimed by the Petitioner is that the Respondents are seeking to take possession of the Gametal land of Galpadar village
on which the god own/warehouse of the Petitioner is situated.
Learned Counsel for the Petitioner has urged that since the Gametal land has been omitted from notification dated 11.1.2011, therefore, it is out
of acquisition proceedings.
Learned Counsel for the Respondents has not disputed this fact that the Gametal land is not being acquired in pursuance of the notification dated
11.1.2011.
In this petition, we are not called upon to answer the question as to whom the Gametal land belongs and what are the rights of the Petitioner or
what is the right of the Respondents on Gametal land. Since the Gametal land is not the subject matter of the acquisition, we do not find any merits
in this petition.
In the result, the writ petition fails and is accordingly dismissed. Notice is discharged.