HITESHBHAI RATILALBHAI KLATHIYA THROUGH POA HOLDER RATILALBHAI L. KLATHIYA v. STATE OF GUJARAT
SCA/16911/2020 · 2026-08-25
D N Ray, Sunita Agarwal
body2020
DailyLaw.ai
[ 2020 DAILYLAW 1055 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2020 DAILYLAW 1055 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/16911/2020(GJHC240620672020) JUDGMENT DATED: 25/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16911 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 16912 of 2020 ========================================================== HITESHBHAI RATILALBHAI KLATHIYA THROUGH POA HOLDER RATILALBHAI L. KLATHIYA & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR C B UPADHYAYA(3508) for the Petitioner(s) No. 1,2,3,4,5 MR SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1 in SCA 16911/2000 MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1 in SCA 16912/2000 MR DIPAK R DAVE(1232) for the Respondent(s) No. 3,4 MR KH BAXI(150) for the Respondent(s) No. 2 ==========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY
Date : 25/08/2026
COMMON ORAL JUDGMENT (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Common issues have been raised in both the above noted writ petitions and hence, they are tagged and has been decided by this common judgment with the consent of the
learned counsel for the parties.
2. Heard learned counsel for the parties and perused the record. At the outset, Mr. C.B. Upadhyaya, learned counsel for
C/SCA/16911/2020(GJHC240620672020) JUDGMENT DATED: 25/08/2026 the petitioners would submit that the petitioners does not propose to press prayer made in the writ petition seeking to challenge the validity of the provisions of the Gujarat Water And Gas Pipeline (Acquisition of Right of User in Land) Act,
2000.
3. For the remaining prayers, suffice is to say that the present petitions have been filed on the apprehension that the land in question belonging to the petitioners would be utilized for laying of pipeline under the project for which the acquisition of adjacent land has been made under the Gujarat Water And Gas Pipeline (Acquisition of Right of User in Land) Act, 2000.
4. In the affidavit-in-reply filed on behalf of the respondent no.2, it is stated that the respondent no.2 namely, Gujarat Water Infrastructure Limited is the executing agency for the project and the work of acquisition and compensation has been completed in accordance with the provisions of the Act,
2000. It is further stated that the pipeline has already been installed outside the petitioners’ land and there was no justification for the claims of the petitioners, inasmuch as, the
C/SCA/16911/2020(GJHC240620672020) JUDGMENT DATED: 25/08/2026 land in question has not been used for the purpose.
5. In view of the above, the cause of action for filing the writ petitions do not survive. The present petitions, accordingly, dismissed as infructuous. Interim order, if any, stands discharged.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) A. B. VAGHELA Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: ARUNA BHARATSINGH VAGHELA(HC01079), PRIVATE SECRETARY, at High Court of Gujarat on 31/08/2026 12:30:29