Bombay High Court
VITTHAL BALU MUDSHINGKARversusTHE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, AND ORS.
- Disposal
- Disposed Off
Holding
Land acquired for a public purpose cannot be restored to the original owner after compensation has been paid; the petition is dismissed.
Summary
The petitioner, Vitthal Balu Mudshingkar, filed a writ petition seeking a direction to cancel the proposed acquisition of his land at Gat No.351, Mouje Bambawade, Kolhapur, and to have the land restored to him. The court noted that the petitioner had already received compensation for the acquisition of his land by the National Highway Authority. The petition raised the question of whether land once acquired for a public purpose can be restored to the original owner after compensation has been paid. The judges observed that there is no statutory provision allowing restoration of land after acquisition for a public purpose. Consequently, the petition was held to be misconceived and was disposed of without any order for restoration. The decision underscores the finality of land acquisition once compensation is effected.
Issues considered
- What is the legal position on restoring land to a former owner after it has been acquired for a public purpose and compensation has been paid?
Subjects
- land acquisition
- compensation
- restoration of land
- public purpose
- writ petition
- National Highway Authority
Judgment
40-WP-3942-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3942 OF 2026
Vitthal Balu Mudshingkar ...Petitioner.
Versus
The Secretary,
Ministry of Road Transport and Highways,
Transport Bhawan and Others ...Respondents.
——————
Ms. Ankita Chindage for the Petitioner.
Ms. Divya A. Pawar Patil with Ms. Trupti T. Padekar, for the Respondent No.1.
Ms. Tejas J. Kapre, AGP for the Respondents-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 11, 2026.
P. C. :
1. By this petition, the Petitioner seeks a direction to the
Respondents to cancel the proposed acquisition from Gat No.351,
Mouje Bambawade, Taluka Shahuwadi, District Kolhapur and restore the
land to the Petitioner.
2. There is no dispute about the fact that the Petitioner has received
compensation in respect of the acquisition of the Petitioner’s land by
the National Highway Authority. Once the land has been acquired for
public purpose, there is no provision permitting the restoration of the
land to the Petitioner.
3. The Petition is clearly misconceived and stands disposed of.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
Gaikwad RD 1 of 1
2026.09.11
17:53:30
+0530
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