Bombay High Court
APARNA ANAND NIKAM ALIAS AKKATAI BABU SHLEKEversusSUB DIVISIONAL OFFICER PANHALA AND ANR.
- Disposal
- Disposed Off
Holding
Disputes over the apportionment of compensation under Section 3(H) of the National Highways Act must be referred to the competent civil court.
Summary
The petitioner, daughter of the State, filed a writ petition seeking a direction that the Sub‑Divisional Officer forward a land‑acquisition compensation dispute to a civil court under Section 3(H) of the National Highways Act, 1956. The dispute concerned her claim to a one‑fifth share of the compensation, approximately Rs. 4 lakhs, which had been previously protected from disbursement. The Court noted that Section 3(H)(4) mandates that any dispute over the apportionment of compensation be referred to the principal civil court having jurisdiction over the land. Accordingly, the Court ordered the Sub‑Divisional Officer to forward the matter to the competent civil court and to deposit the disputed amount there. All parties' rights and contentions were kept open, and the petition was disposed after granting the relief.
Issues considered
- Whether a dispute regarding the apportionment of compensation under the National Highways Act, 1956 must be referred to the competent civil court as per Section 3(H).
Legislation cited
- National Highways Act, 1956 — s. 3(H)(4)
Subjects
- land acquisition
- compensation
- apportionment
- National Highways Act
- civil court jurisdiction
- writ petition
- sub‑divisional officer
Judgment
27-WP-11670-2025.doc
Digitally signed IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by HARISH
VITHAL
HARISH
VITHAL
CHAUDHARI CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI Date:
2026.08.25
20:12:24
CIVIL APPELLATE JURISDICTION
+0530
WRIT PETITION NO. 11670 OF 2025
Aparna Anand Nikam
Alias Akkatai Babu Shelke ...Petitioner.
Versus
Sub Divisional Oicer Panhala And Another ...Respondents.
——————
Mr. Rajvardhan Chougule for the Petitioner.
Mr. Nikhil Pawar a/w Rajdeep shitole & Manoj Patil for Respondent No. 1.
Mr. Siddheshwar B. Kalel, AGP for the Respondent No. 2-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 25, 2026.
P. C. :
1. By the present petition, the limited relief which is sought is for a
direction to the Sub-divisional Oicer to forward the dispute to the
competent Civil Court as per the provisions of Section 3(H) of the
National Highways Act, 1956.
2. The petition is iled by the daughter of respondent No. 2 claiming
1/5th share in the compensation for the land which has been acquired.
By order of 16.10.2025, this Court had protected the petitioner's
approximate share of about Rs.4 lakhs, which was directed not to be
disbursed by the Sub-divisional Oicer to respondent No. 2.
3. Section 3(H)(4) National Highways Act provides that when any
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27-WP-11670-2025.doc
dispute arises as to the apportionment of the amount or any part
thereof, or to any person to whom the same or any part thereof is
payable, the competent authority shall refer the dispute to the decision
of the Principal Civil Court of original jurisdiction within the limits of
whose jurisdiction the land is situated.
4. Considering the said provisions, it cannot be debated that dispute
has arisen as regards the apportionment of the compensation, which is
required to be determined by the competent Civil Court.
5. Resultantly, the petition is allowed. The respondent No. 1 is
directed to forward the dispute to the competent Civil Court under the
provisions of Section 3(H) of the National Highways Act.
6. The compensation of Rs. 4 lakhs is to be deposited in the
competent Civil Court.
7. All rights and contentions of all parties are expressly kept open.
8. The petition is disposed of in the above terms.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
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