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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE
Anirudha Manohar Khopade – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Manish Pitale, J.
The petitioners have invoked Section 94 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the ‘Act of 2013’) to claim that the impugned letter dated 15.11.2025 issued by the respondent No.2 - National Highway Authority of India (NHAI) deserves to be quashed and that the respondents ought to undertake land acquisition proceedings pertaining to the remaining portion of Godown L1 situated at Mauje Bhoirgaon, Taluka - Bhiwandi, District - Thane. The petitioners own some galas in the remaining portion. On the other hand, the respondent - NHAI contends that Section 94 of the Act of 2013 is not available to the petitioners in terms of Section 105 thereof, as acquisitions undertaken as per the National Highways Act, 1956 (hereinafter referred to as the ‘Highways Act’) are not covered under the provisions of the Act of 2013. It is contended that even on facts, it can be demonstrated that the petitioners cannot take shelter of Section 94 of the Act of 2013, to thwart the construction work of Vadodara Mumbai Expressway, in respect of which maximum work has been completed, but
The right to demand full acquisition under Section 94 of the 2013 Act applies to acquisitions under the National Highways Act, ensuring just compensation and rehabilitation for affected landowners.
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enact....
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