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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
VIBHA KANKANWADI, HITEN S.VENEGAVKAR
Bhushan Raosaheb Anbhule – Appellant
Versus
Union of India Through the Secretary Ministry for Road Transport and Highways, New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioners challenge partial acquisition injuring remaining commercial lands. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. writ relief confined to pleaded case, not new arguments. (Para 7 , 8 , 9 , 10 , 11) |
| 3. severance compensation needs proof of injury to residue. (Para 12 , 13 , 14 , 15 , 16) |
| 4. dismiss writ; authorities decide representations per law. (Para 18 , 19 , 20 , 21) |
| 5. prove severance with maps, valuations, technical evidence objectively. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
JUDGMENT :
Hiten S. Venegavkar, J.
1. This petition under Article 226 of the Constitution of India has been filed by the petitioners seeking a declaration that the action of the respondent authorities in constructing National Highway No. 222 through the properties of the petitioners situated at Survey Nos. 369/2 and 370/2 of village Kedgaon, Taluka and District Ahilyanagar is illegal, arbitrary and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India as well as the provisions of the National Highways Act, 1956. The petitioners have also sought directions to the respondent authorities to follow the procedure contemplated under Sec
Partial land acquisition's severance or injurious affection requires objective evidence like maps, valuations, site plans; writ court dismisses without proof if arguments deviate from pleadings; libe....
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award and receipt of compensation in exceptional cases falling within ....
Point of Law - Section 3-H (4) of the National Highways Act, 1956, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereo....
The court emphasized the availability of alternative statutory remedies for seeking enhancement of compensation and the limitations of the writ jurisdiction when an efficacious alternative remedy is ....
Mistaken inclusion of land in acquisition notifications does not automatically grant ownership, and compensation requires assessed possession under relevant laws.
Section 94 of 2013 Land Acquisition Act inapplicable to Highways Act acquisitions; only specified schedules for compensation, R&R apply. Belated claims post-award cannot halt projects, but affected u....
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