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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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