S. S. Ginning And Pressing Pvt. Ltd., Thr. Director, Rajesh S. Lohiya, Akola v. National Highway Authority Of India, Thr. Project Director - Amravati And Others
2025:BHC-NAG:13064-DB 1 34wp6971.2024..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.
WRIT PETITION NO. 6971 OF 2024 (S.S. Ginning & Pressing Pvt Ltd, Akola Vs. National Highways Authority of India and anr) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------ - - - - - - - - - - - - - - - - - - - - - - - - Mr. Ranjeet Singh Gahilot Advocate for petitioner. Mr. S.M. Ukey, Addl. GP for respondent Nos. 2 and 3/State. Mr. A.A. Kathane, Advocate for respondent No.1. CORAM : ANIL S. KILOR & RAJNISH R. VYAS,JJ. DATED : 24-11-2025.
Heard.
2.
In the present matter, the only dispute is whether 0.08 HR or 0.02 HR land of the petitioner was acquired by NHAI. 3.
According to NHAI, it was 0.02 whereas according to petitioner 0.08 HR land.
4.
In support of such submission, learned counsel for the petitioner has placed reliance on two Joint Measurement Reports out of which one is signed by the NHAI.
5.
Learned counsel for NHAI shows willingness to resolve the issue and according to him, if the authority higher in rank to Superintendent of Land Records measures the land and determines how much area has actually been acquired, the issue can be resolved and the NHAI is ready to pay the charges for such measurement. 6.
The petitioner is also agreeable with this proposal of the NHAI.
Belkhede, PS
2 34wp6971.2024..doc 7.
Learned Counsel for NHAI further makes a statement that if excess land than 0.02 HR is found acquired, the amount towards compensation of the same shall be paid accordingly. 8.
In the circumstances we dispose of the present petition with direction to Deputy Director of Land Record to carry out the measurement of the land in question and find out whether the land acquired by the NHAI is more than 0.02 HR and if it is more than that what is the total land of the petitioner has been acquired by NHAI. 9.
Learned Addl. GP shall communicate this order to respondent No. 4, within two weeks from today, thereupon, NHAI shall deposit the amount of measurement within three weeks thereafter. On deposit of such amount, the Deputy director of Land Records shall carry out such measurement himself or in his presence by any authorized officer within six weeks and communicate the decision to petitioner as well as to the NHAI, within one week from such measurement. 10.
If the acquired land is found more than 0.02 HR, steps to release amount of compensation to the petitioner and in any case, within four months from date of communication of such decision by Deputy Director of Land Records.
(RAJNISH R. VYAS, J) (ANIL S. KILOR, J) Belkhede, PS