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Bombay High CourtWP/9547/2025disposed off

Dnyaneshwar Rambhau Khade v. The Union Of India Through Its Secretary Ministry Of Road Transport And Highways And ORS

2025-11-19Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Ms Justice Aarti A. Sathe3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3598 OF 2025 ALKA PRABHAKAR SANAP AND ANR.

...Petitioners

VS THE UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

...Respondents

AND WRIT PETITION NO.3592 OF 2025 SOMNATH RAMA SANAP AND ANR.

...Petitioners

Vs.

THE UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

...Respondents

AND WRIT PETITION NO. 9547 OF 2025 DNYANESHWAR RAMBHAU KHADE

...Petitioners

VS THE UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS AND ORS.

...Respondents

_______ Ms. Sakshi Ajeet Kale, for Petitioners.

Mr. Rakesh L. Singh i/b. M.V.Kini & Co., for Respondent-NHAI. Mr. B. V. Samant, Addl. Govt. Pleader with Ms. M.S.Bane, AGP for the State. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

Digitally signed by PRASHANT VILAS RANE Date:

2025.11.26 13:33:26 +0530 PRASHANT VILAS RANE DATE:

19 NOVEMBER 2025 P.C.

1.

These three petitions raise similar issue and therefore, they are being disposed of by this common order.

2.

The grievance of the petitioners in these petitions is that although the petitioners' land which was subject matter of acquisition for National Highway Project at the behest of respondent No.1 and which stood acquired, no compensation has been paid to the petitioners on the ground that the entire project has been stated to be kept on hold as it is stated that the Central Government is considering whether the project should be taken forward. Learned Counsel for the petitioners has drawn our attention to similar grievances which had earlier come before this Court. In such context out attention is drawn to an order dated 6 November 2025 passed in Writ Petition No.3369 of 2025 (Yashwant Namdev Dhatrak & Ors. vs. National Highway Authority of India (NHAI) & Ors.). The operative part of the said order reads thus:

"ORDER i. If no decision is taken on the acquisition by the Central Government within a period of six weeks as directed by this Court in the order dated 17 October 2025 passed on Interim Application No.12584 of 2025 in Writ Petition No.10016 of 2024 (supra), the National Highway Authority shall make payment of the award amount to the petitioners along with the permissible interest. There shall not be any extension of time in this regard.

ii. If it is decided that the land of the petitioners is not being acquired and the acquisition is being dropped, an intimation to that effect be immediately issued to the petitioners as also to the competent authority by the NHAI.

iii.

The Central Government is directed to take an appropriate decision on the issue in regard to which the NHAI is already before the Central Government. There shall not be any further extension in this regard.

iv.All other contentions of the parties on the award including on the contention that the award in the present circumstances would be required to be quashed and set aside, are expressly kept open. v. Disposed of in the aforesaid terms. No costs."

3.

Learned Counsel for the parties are ad idem that the proceedings can be disposed of in terms of the aforesaid order passed in Yashwant Namdev Dhatrak (supra). These petitions are accordingly disposed of in similar terms, as directed by the Court in paragraph 7(i) to 7(v) of the said order passed by this Court. 4.

All contentions of the parties in that regard are expressly kept open. 5.

Disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.)