The Competent Authority And Deputy Collector Land Acquisition v. Abjijeet Merketing Pvt Ltd And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12807 OF 2025 IN WRIT PETITION NO.12081 OF 2025 The Competent Authority and Deputy Collector Land Acquisition Applicant versus Abhijeet Marketing Pvt.Ltd and others Respondents _______ Dr.Dhruti Kapadia,AGP for Applicant-State.
Mr.Rushikesh S.Kekane i/by Ms./aditi Naikare for original petitioner. Mr.Rakesh L.Singh i/by M.V.Kini & Co. for NHAI. _______
CORAM:
G. S. KULKARNI & AARTI SATHE, JJ.
DATE:
4th November 2025 P.C.
1.
This is an application filed on behalf of Competent Authority/ State Government praying for following reliefs :
(a) That the Hon'ble Court to direct National Highway to deposit the aforesaid compensation to Competent authority to enable this Respondents to disburse the same in alternative to pass necessary direction as Hon'ble Court may deem fit and proper; (b) Such other and further reliefs as this Hon'ble Court may deem fit and proper, be passed in favour of the Applicant." 2.
On 22nd September 2025 this Court had disposed of the writ petition in terms of the following order :
MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2025.11.06 11:00:53 +0530 "1. This Petition is filed under Section 226 of the Constitution of India, praying for following substantive reliefs :
a. That this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other Writ in the nature of Mandamus directing the Respondents to pay amount of compensation to the Petitioners as determined under Final Award dated 13th March, 2023 passed under Sec.3G of National Highways Act, 1956 in respect of portion of land bearing Gat No. 1109 of village Adgaon, Tal. & Dist. Nashik, within the limits of Nashik Municipal Corporation which is acquired for the purpose of construction of Surat-Chennai National Highway also known as Greenfield Highway expeditiously and within a period of 30 days" 2.
Mr. Singh, learned counsel for the Project Director, National Highway Authority of India, states that the amount of compensation has already been deposited by the National Highway Authority of India with the Competent Authority i.e. Respondent No.2- Deputy Land Acquisition, National Highway Project, Nashik. If this be so, Respondent No.2 will be required to take further appropriate steps to disburse the compensation. Let such steps be taken as expeditiously as possible, in accordance with law within a period of four weeks from today. All contentions of the parties in that regard are expressly kept open.
3. Petition is disposed of in the aforesaid terms.
4. No costs."
3.
However, the contention as urged on behalf of the ApplicantCompetent Authority is that the order cannot be complied as the National Highway Authority of India has not deposited the compensation amount with the Applicant/Competent Authority and hence the same cannot be disbursed to the Petitioner and/or the other awardees of the compensation. Mr.Singh, learned counsel for NHAI on instructions states that at the relevant time the instructions were not received, however, now he has received the instructions to state that the NHAI is pursuing the matter with the Central Government for clearance to be granted to the project and it is only after the clearance is granted a decision would be taken by the Central Government on further appropriate steps to be taken
either to pursue the acquisition or to cancel the acquisition, and accordingly the decision to deposit the amount would be taken. He also draws our attention to the similar situation which was before the Court in the proceedings of Writ Petition No.10016 of 2024 in Rajendra M.Developers and Builders Pvt.Ltd and another Vs. The State of Maharashtra and others. In the said proceedings an Interim Application No.12584 of 2025 was filed. This Court in similar circumstances has passed an order dated 17th October 2025 thereby recording such impasse. The relevant extract of the said order is required to be noted which read thus : "2. As submitted by Ms.
Prabhune, learned AGP, the award amount has not been received by the Competent Authority/Applicant, from the National Highway Authority of India (NHAI), for the reason that so far no clearance has been granted by the Central Government in regard to the project in question. Although the award itself was rendered by Respondent No.2 on 13th March 2023, Mr. Singh learned counsel for the NHAI states that the NHAI is pursuing the matter with Central Government and since clearance is not granted to the project. He states that subject to the decision which would be taken by the Central Government, further appropriate steps can be taken either to cancel the acquisition or to make payment of the award amount as the law would mandate.
3. In these peculiar circumstances our order dated 9th September 2025, as noted hereinabove for the time being cannot be acted upon. We accordingly direct the NHAI to inform the competent authority/Land Acquisition Officer of the decision which would be taken on the acquisition in question, so that Applicant/Competent authority can take further appropriate steps including to give effect to the direction as made by this Court in the aforesaid Writ Petition.
4. The NHAI needs to pursue the Central Government and obtain orders from the Central Government as expeditiously as possible and in any event within a period of six weeks from today. In the event any of the parties desire any further orders liberty to apply.
5. Interim Application stands disposed of in the aforesaid terms. No costs."
4.
In this view of the matter we are of the opinion that similar order as passed in Interim Application No.12584 of 2025 (The Competent Authority and Deputy Collector Land Acquisition Vs. Rajendra M.Developers and Builders Pvt.Ltd and another) would be required to be passed in the present proceedings. We accordingly modify the order dated 22nd September 2025 thereby disposing of the petition in terms of paragraphs 2 to 5 of the order passed on Interim Application No.12584 of 2025 ( The Competent Authority and Deputy Collector Land Acquisition Vs. Rajendra M.Developers and Builders Pvt.Ltd and another). Ordered accordingly.
5.
Interim Application accordingly stands disposed of. No costs. All contentions of the parties are expressly kept open. (AARTI SATHE, J.) (G. S. KULKARNI, J.)