Shakeel Ahmed Abdur Rehman Adhikari And ANR v. National Highways Authority Of India And ORS

903-WP-16347-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16347 OF 2025 Shakeel Ahmed Abdur Rashman & Anr.

...Petitioners

Versus

National Highways Authority of India & Ors.

...Respondents

_______ Adv. Owais Pechkar for Petitioners.

Ms. S. A. Prabhune, AGP for State - Respondent. Mr. Rakesh Singh i/b M. V. Kini & Co., for Respondent No.1 (NHAI). _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

11 DECEMBER 2025 P.C.

1.

This petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs:

"a. That an appropriate writ, order, direction in the nature of mandamus to be issued by this Hon'ble High Court to the Respondents to deposit / disburse compensation amount of . 1,88,30,000/- (Rupees One Crore Eighty-Eight ₹ Lakh Thirty Thousand Only) within four weeks along with interest or as per section 80 of act of 2013, against the G+2 residential building structure total admeasuring 697.41 sqmt being affected by the construction of NH-66 widening project located at survey No. 127/2/A/1/A/5, Plot no.1 at Nagothane, Tal: -Pen, Raigad owned by the petitioners." 2.

Admittedly, the land acquisition award under the National Highways Authority Act was published on 3 June 2016. The prayer of the petitioner is essentially for additional compensation in regard to which the petitioner for enhancement of compensation has already taken recourse to a remedy as available in law. If there is any other cause of action, the petitioner is free to pursue the same in appropriate proceedings.

11 December 2025 Kiran Kawre

903-WP-16347-2025.DOC 3.

In this view of the matter, we are not inclined to interfere in this petition. It is disposed of, however, keeping open all contentions of the petitioner to pursue any other remedy and/or pursue the pending proceedings. 4.

In the event any application is made by the petitioner within two weeks from today, the same shall be considered by the National Highways Authority in accordance with law.

5.

The petition is accordingly disposed of in the aforesaid terms. No costs. All contentions in that regard are expressly kept open. (AARTI SATHE, J.) (G. S. KULKARNI, J.) 11 December 2025 Kiran Kawre