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Bombay High Court

NEW ERA ADHESIVE INDUSTRIES THROUGH ITS PROPRIETOR VILAS N JAINversusTHE COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER JALGAON AND ORS

Disposal
DISPOSED OFF

Holding

The Court held that the representation must be made to the Competent Authority and Special Land Acquisition Officer, Jalgaon.

Summary

The petitioner, New Era Adhesive Industries (proprietor V.N. Jain), filed a writ petition challenging the procedural handling of a representation concerning land acquisition for National Highway No.753. The petitioner had addressed the representation to the Collector and copied the National Highway Authority of India (NHAI). The respondents argued that the representation should have been made to the Competent Authority and Special Land Acquisition Officer, Jalgaon, who is the designated authority under the land‑acquisition framework. The Court examined whether the petitioner’s choice of addressee complied with the statutory procedure. It directed the petitioner to re‑file the representation to the Competent Authority within one week and ordered that the authority decide the matter on its merits within eight weeks. Accordingly, the petition was disposed with these procedural directions.

Issues considered

  • Whether the representation made by the petitioner should be addressed to the Collector/NHAI or to the Competent Authority and Special Land Acquisition Officer, Jalgaon, as required by law.

Subjects

  • writ petition
  • land acquisition
  • representation
  • NHAI
  • procedural direction

Judgment

2026:BHC-AUG:39288-DB
                                           1                            11.WP.5793.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                WRIT PETITION NO. 5793 OF 2026

                         NEW ERA ADHESIVE INDUSTRIES THROUGH
                          ITS PROPRIETOR VILAS NEMICHAND JAIN

                                               VERSUS

              THE COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION
                          OFFICER JALGAON AND OTHERS

                                               ...
                        Advocate for the Petitioner : Mr. Ajeet B. Kale
                        AGP for Respondent/State : Mr. M.K. Goyanka
                   Advocate for Respondent No.1 : Mr. Avinash R. Borulkar
                  Advocate for Respondent Nos.2 and 3 : Mr. Suhas P. Urgunde
                                              …

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


                                  DATE           : 27.08.2026


             PER COURT:

             1.           The   representation   made   by   the   petitioner    dated

             27.02.2026 is addressed to the Collector and a copy is marked to

             National Highway Authority of India (NHAI). Learned advocate for

             the respondent Nos.2 and 3 – NHAI, submits that the said

             representation has to be made to respondent No.1 – the Competent

             Authority and Special Land Acquisition Officer, Jalgaon, National

             Highway No.753 BE.
                               2                           11.WP.5793.26.odt

2.           Writ petition is disposed of by directing the petitioner to

make the said representation to respondent No.1 within a period of

one (1) week from today. If such representation is made, respondent

No.1 shall decide it within a period of eight (8) weeks from the date of

its receipt, on its own merits, by following the procedure prescribed

under law.



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




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