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Bombay High Court

KISMAT KAMRUDDIN SHAIKHversusTHE UNION OF INDIA THROUGH PRINCIPAL SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the respondents must initiate a proposal for acquiring the 16 Are of the petitioner's land and pay the requisite compensation under the 2013 Act.

Summary

Petitioner Kismat Kamruddin Shaikh claimed that 16 Are of his 77 Are land, acquired for National Highway No. 752, were not accounted for in the acquisition records, which showed only 61 Are. He issued a notice and filed an application for measurement, but the Public Works Department did not respond. Respondent No. 8, the Deputy Director of Land Records, affirmed that the land was acquired by the PWD. The Bombay High Court, noting the admitted facts, directed the respondents to initiate a proposal for acquiring the missing 16 Are and to pay compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within four weeks of the order. The petition was consequently disposed with this direction.

Issues considered

  • Whether the petitioner is entitled to compensation for the 16 Are of land that were allegedly acquired but not reflected in the acquisition records.
  • Whether the respondents are obligated to initiate an acquisition proposal and pay compensation under the 2013 Land Acquisition Act.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • excess land
  • National Highway
  • Right to Fair Compensation Act
  • writ petition
  • Bombay High Court

Judgment

2026:BHC-AUG:24626-DB


                                              {1}                    23-wp-10092-2023

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                              23 WRIT PETITION NO. 10092 OF 2023

                                      Kismat Kamruddin Shaikh
                                              VERSUS
                    The Union Of India Through Principal Secretary And Others
                                                  ...
              Mr. N.J. Pahune Patil, Advocate for the Petitioner
              Mr. S.S. Dande, AGP for State
              Mr. S.S. Deve, Advocate for respondent No. 1, 4 to 7
              Mr. Sagar Ladda, Advocate for respondent No. 8
                                                .......

                                    CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.


                                       DATE : 22nd JUNE, 2026
              PER COURT :

              1.   By this petition, petitioner seeks compensation for his 16 Are

              excess land acquired for the National Highway No. 752 around

              Nandurbar town.


              2.   It is the case of the petitioner that petitioner’s 77 Are NA land

              from Gat No. 367/1 situated at village Nandurbar was acquired by the

              respondents No. 1 to 8 for construction of National Highway No. 752.

              In the land acquisition proceedings, respondent No. 8 recorded that

              only 61 Are land of the petitioner is acquired, though in fact, 77 Are

              land of the petitioner was acquired. Though, petitioner pointed out this

              fact to the respondents, the grievance of the petitioner was not
                                        {2}                   23-wp-10092-2023

redressed. The petitioner also issued notice through advocate on

27.11.2020. Thereafter, petitioner filed application to respondent No.

9-Deputy Director of Land Records for measurement of the acquired

area on 22.07.2021.


2.       Heard learned advocate for the petitioner, learned AGP for State

and learned advocates for the respective respondents. Perused the

documents placed on record.


3.       Respondent No. 8 by filing reply affidavit has stated that

petitioner’s land has been acquired by Public Works Department. No

reply is filed by Public Works Department so far.


4.       In view of peculiar facts of the present case and admitted

position on record, writ petition is disposed of by directing respondents

to initiate proposal for acquisition of 16 Are land of the petitioner and

pay compensation to the petitioner within the time stipulated in Right

to     Fair        Compensation   and   Transparency    in   Land   Acquisition,

Rehabilitation and Resettlement Act, 2013. The acquisition proposal for

16 Are land of the petitioner shall be initiated within a period of four

weeks from the date of receipt of copy of this order.



(ABASAHEB D. SHINDE, J.)                      (NITIN B. SURYAWANSHI, J.)

Bhagyawant Punde


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