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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