Bombay High Court

PRATAPSINH NARAYNSINH THAKURversusTHE NATIONAL HIGHWAY AUTHORITY INDIA THROUGH THE PROJECT DIRECTOR AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI ABASAHEB D SHINDE

Holding

The petitioner is not entitled to any further compensation for the land, and the petition is dismissed.

Summary

The petitioner, Pratapsinh Naraynsinh Thakur, was allotted a gharkul (a small dwelling) on a plot of land in Sonkhed, Nanded, and received compensation of Rs. 28,30,602 for the gharkul. He later claimed an additional compensation of Rs. 6,42,098, arguing that the compensation paid covered only the gharkul and not the underlying land. The court examined the allotment deed dated 28‑10‑1980, which granted the petitioner ownership of the gharkul but restricted sale or transfer without the Collector’s permission, and noted that the land remained vested in the State Government. The court held that the compensation already paid was full and adequate, and the petitioner could not claim further compensation for the land. Consequently, the petition was dismissed as being without merit.

Issues considered

Whether the petitioner is entitled to additional compensation for the land on which the gharkul was constructed after receiving compensation for the gharkul itself.

Subjects

compensation
land acquisition
gharkul
property rights
state ownership

Judgment

2026:BHC-AUG:24627-DB


                                               {1}                  29-wp-15069-2023

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                             29 WRIT PETITION NO. 15069 OF 2023

                                  Pratapsinh Naraynsinh Thakur
                                              VERSUS
              The National Highway Authority India Through The Project Director And
                                               Others
                                                  ...
              Mr. A.A. Mukhedkar, Advocate for the Petitioner
              Mr. S.R. Wakle, AGP for State
              Mr. U.B. Bondar, Advocate for respondent No. 2
                                                .......

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


                                         DATE : 22nd JUNE, 2026
              PER COURT :

              1.   The petitioner was allotted Gharkul bearing Grampanchayat

              House no. 990, situated at Sonkhed, Tq. Loha, District- Nanded

              admeasuring 0.0112 square meters. Said Gharkul was acquired by the

              respondents and compensation of Rs. 28,30,602/- was paid to the

              petitioner. By the present petition, petitioner seeks compensation of

              Rs. 6,42,098/- for the land as according to the petitioner compensation

              of Rs. 28,30,602/- was paid to the petitioner towards construction of

              Gharkul and he is entitled to the compensation of land on which

              Gharkul was constructed.


              2.   Heard learned advocate for the petitioner, learned AGP for the
                                  {2}                    29-wp-15069-2023

State and learned advocate for respondent No. 2. Perused the

documents placed on record.


3.       Petitioner was allotted Gharkul vide sanad dated 28.10.1980. It

is specifically mentioned in the sanad that the petitioner is given

ownership of Gharkul and he is entitled to utilize it by succession,

however, he is not entitled to sell or transfer it without prior permission

of the Collector. Since, the petitioner is paid compensation of Rs.

28,30,602/- towards Gharkul, petitioner is not entitled to claim

compensation for the land on which Gharkul was constructed. It is a

matter of record that the land still stands in the name of State

Government. The petitioner is paid adequate compensation towards

Gharkul and claim of the petitioner is misconceived. The petition

therefore is devoid of merit and hence is dismissed.



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




Bhagyawant Punde

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