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Bombay High Court

PARSOTTAM LALLJI KAMALIA AND ORSversusTHE COLLECTOR DIU

Decided
Disposal
Disposed Off

Holding

The Court disposed of the writ petition pursuant to the settlement letter accepted by the Collector, while leaving open the petitioners' right to invoke Section 64 of the 2013 Act.

Summary

The petitioners challenged the acquisition of land for the widening of a National Highway. They later submitted a letter offering a settlement to the Collector, which the Collector accepted, proposing to dispose of the writ petition on those terms. Both parties filed affidavits confirming the acceptance of the settlement conditions. The Court disposed of the writ petition in accordance with the agreed conditions, while noting that the petitioners could still pursue a remedy under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Court also directed that any future application under Section 64 should take the pendency of this petition into account.

Issues considered

  • Whether the writ petition challenging the land acquisition can be disposed of based on a settlement offer accepted by the Collector.
  • Whether the pendency of the writ petition should be considered when the petitioners seek relief under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Legislation cited

Subjects

  • land acquisition
  • national highway
  • settlement
  • Section 64
  • writ petition
  • Right to Fair Compensation Act

Judgment

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                                                                                                18-wp-9322.23.doc

                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                      WRIT PETITION NO. 9322 OF 2023

                                    Parsottam Lallji Kamalia & Ors.                    …      Petitioners
                                          Versus
                                    Collector, Diu                                     …      Respondent
                                                                  ******
                                    Mr. Kailas Dewal i/by Mr. Aumkar Joshi, Mr. Yash Dewal and Mr.
                                    Ashwin Kulkarni for the Petitioners.
                                    Dr. Sanjay Jain a/w Mr. Harsh Dedhia for Respondent.
                                                                  ******
                                                            CORAM : MANISH PITALE AND
                                                                       SHREERAM V. SHIRSAT, JJ.

                                                               DATE      : 17th JUNE 2026

                                    P.C. :

                                    .         The petitioners in this petition had challenged the
                                    acquisition of land for widening of a National Highway.

                                    2.        The learned counsel for the petitioners has tendered an
                                    additional affidavit of petitioner No.1, along with an exhibit
                                    annexed thereto, which is a letter dated 2nd June 2026 signed by
                                    some of the petitioners, making an offer to the respondent-
                                    Collector, as to the manner in which the writ petition itself could
                                    be disposed of. We are informed that the remaining petitioners
                                    have already settled the disputes with the authorities.

                                    3.        The learned counsel for the petitioners submits that the said
BIPIN
              Digitally signed by
           BIPIN
           DHARMENDER
DHARMENDER PRITHIANI
                                    offer made in the letter dated 2nd June 2026 has been accepted by
PRITHIANI  Date: 2026.06.18
              10:03:00 +0530
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                                                             18-wp-9322.23.doc

the Collector, which can lead to disposal of the writ petition.

4.        The learned counsel appearing for the respondent-Collector
has tendered an additional affidavit of the said respondent,
confirming the fact that the conditions mentioned in the letter
dated 2nd June 2026 are acceptable to the Union Territory of
Dadra and Nagar Haveli and Daman and Diu and that therefore,
the petition can be disposed in terms of the said letter.

5.        The additional affidavit tendered on behalf of the petitioner
No.1, along with copy of the letter dated 2 nd June 2026, as also
the additional affidavit of the respondent-Collector, are taken on
record.

6.        In the light of the submissions made on behalf of the parties,
the writ petition is disposed of, as per the conditions stated in the
letter dated 2nd June 2026 and accepted by the respondent-
Collector. Parties to act accordingly.

7.        It is stated in the additional affidavit filed on behalf of the
respondent-Collector that the issue regarding challenge to the land
acquisition award under Section 64 of the Right to Fair
Compensation          and    Transparency     in    Land    Acquisition,
Rehabilitation and Resettlement Act, 2023 (Act of 2013), can be
kept open.

8.        The learned counsel for the petitioners submits that this
Court may consider making an observation regarding pendency of
this writ petition, so that when an application is moved on behalf
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                                                             18-wp-9322.23.doc

of the petitioners under Section 64 of the Act of 2013, the
pendency of this petition may be taken into consideration by the
Competent Authority.

9.        The writ petition is disposed of in above terms.

10.       If the petitioners choose to seek the remedy available under
Section 64 of the Act of 2013, the pendency of this writ petition
shall be taken into consideration.



  (SHREERAM V. SHIRSAT, J.)                     (MANISH PITALE, J.)


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