Lpa No. 393 of 2010 · Gujarat High Court

HONOURABLE MR.JUSTICE A.J. DESAI ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= SUBHASHCHANDRA NARANBHAI GHODASARA & ORS Versus NATIONAL HIGHWAY AUTHORITY OF INDIA & ORS ========================================= Appearance : MR SK PATEL for Appellants MR. NARENDRA KHARE for Respondent No. 1 MS JIRGA JHAVERI AGP for Respondent No.2, MR HARDIK P MODH for Respondent No. 3 MR PS CHAMPANERI for Respondents No. 4 - 5. MRNARENDRAKHARE for Respondent(s) : 4 - 5. ========================================= LPA/393/2010 JUDGMENT CORAM : HONOURABLE MR.JUSTICE V. M. SAHAI HONOURABLE MR.JUSTICE A.J. DESAI Date : 01/03/2012 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE A.J. DESAI) 1 Pursuant to the Order dated 20.10.2010 passed by this Court, the respondents No.

4 and 5 have filed an affidavit-in-reply on 29 th August, 2011. Learned Advocate Mr. S.K. Patel for the appellants has put emphasis on Para-6 of the said reply filed by the respondents No. 4 and 5 and has requested the Court to dispose of the appeal finally by issuing appropriate directions to the respondents No. 4 and 5. The said para-6 of the affidavit-in-reply reads as under: “6. Under the circumstances, the Answering respondents respectfully submit for the consideration of this Hon'ble Court as under: (a) That the appellants may be provided an access to their left over land through the constructed portion of the acquired land and Respondent No.3 be directed to allow controlled access to the appellants in a manner that the LPA/393/2010 JUDGMENT appellants could approach the left over land through a gate to be constructed by respondent No.3 where both the parties would have control on the access.

For this purpose, both parties namely, appellants and respondent No. 3 could use a lock with duplicate key so that any of the parties could have control on such an access in the interest of safety of the belongings and property of respondent No.3. (b) The Answering respondents, in view of the foregoing, pray that this Hon'ble Court may consider passing suitable orders as may be considered appropriate in the interest of justice.” 2 We have heard the learned Advocates appearing for the parties and have also perused the record. In our considered opinion, ends of justice would be met, if, the respondents No. 4 and 5 are directed to give approach road/way from the land of the appellants–petitioners which has already been acquired by National Highway Authority as we find that the acquisition of the land of the appellants-petitioners which adversely affects their right to enter their rest of the land as there is no approach road/way to enter their land.

Hence, the following order is passed: The respondents No.4 and 5 are directed to provide an approach road/way to the appellants-petitioners and to permit them LPA/393/2010 JUDGMENT to enter their land freely from the place of Parking which is mentioned as 1-A in the map produced at Page No. 14 without any hardships. The respondents No.4 and 5 or their Concessionaire shall not put up any gate and/or apply any lock and key on the approach road/way. The appellants-petitioners shall not create any hindrance/nuisance at the Parking Place which is mentioned as 1-A in the Map allotted to the respondents No.4 and 5 and also shall not cause any hindrance to the visitors of the respondents No. 4 and 5 in using the said parking area as well as the way/approach road. 3 With the aforesaid observations and directions, the present appeal is finally disposed of accordingly. No order as to costs. 4 In view of the order passed in the main appeal, Civil Application No. 2423 of 2010 does not survive and stands disposed of accordingly. (V.M. SAHAI, J.) (A.J.DESAI, J.) pnnair