2024:BHC-AS:42749-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15282 OF 2022 Roshanbi Aziz Motiwala Through POA Mr. Iliyas Aziz Motiwala ... Petitioner Versus

1. The Union of India through the Secretary, Ministry of Road Transport and Highways & Ors. ...Respondents WITH WRIT PETITION NO. 15284 OF 2022 Chandrashekhar Basalingappa Barbade Decd. through L.Rs. Vaibhav C. Barbade ... Petitioner Versus

1. The Union of India through the Secretary, Ministry of Road Transport and Highways & Ors. ...Respondents WITH WRIT PETITION NO. 15283 OF 2022 Shantinagar Zopadpattidharak Sangh Thru. its President & Ors. ... Petitioners Versus

1. The Union of India through the Secretary, Ministry of Road Transport and Highways & Ors. ...Respondents WITH WRIT PETITION NO.12214 OF 2024 Suresh Baburao Madhekar (since deceased) through L.Rs.

S.S. Madhekar ... Petitioners Versus

1. The Competent Authority for NHAI and Special Land Acquisition & Ors. ...Respondents Digitally signed by A GA AR JAT NI AN A G PAA A LR JA KT N AI A RN WITH PALKAR Date:

2024.10.25 16:11:13 +0530 WRIT PETITION NO.12215 OF 2024

1. Balu Santu Allati & Ors. ... Petitioners Versus

1. The Competent Authority for NHAI and Special Land Acquisition & Anr. ...Respondents WITH WRIT PETITION NO. 1172 OF 2024 Narayan Sakharam Vishwasrao & Ors. ... Petitioners Versus

1. The Competent Authority for NHAI and Special Land Acquisition Officer No.13 & Ors. ....Respondents Dr. Ramdas Sabban aw. Ms. Arundhati Sabban, Mr. Pravin Sabban, Mr.

Shrikant Kompelli, for Petitioners.

Mr. Kedar Dighe, Addl. G.P. a/w. Ms. P.N. Diwan, AGP for State/Respondent No.2 in WP/12214/2024, WP/12215/2024, WP/12284/2024 & for Respondent No.1 in WP/1172/2024.

Mr. Ashutosh Misra, for Respondent No.1-UOI in WP-15284-2022, WP-15283-2022 and WP-15282-2022.

Ms. Riya Jariwal a/w. Mr. Adesh Jadhav i/b Mr. Sagar Ladda for Respondent Nos. 1 & 3 in WP/12284/2024, WP/12215-2024, WP- 12214-2024, for Respondent No.2 in WP/1172-2024 for Respondent Nos.2 & 4 in WP/15284/2022, WP/15283/2022 & WP/15282/2022.

CORAM : G. S. KULKARNI &

SOMASEKHAR SUNDARESAN, JJ.

RESERVED ON : SEPTEMBER 29, 2024 PRONOUNCED ON : OCTOBER 25, 2024 Page 2 of 18 JUDGMENT: (Per, Somasekhar Sundaresan J.)

1. Rule. Rule made returnable forthwith. Learned Counsel for the Respondents waive service. By consent of the parties, heard finally.

2. This is a batch of Writ Petitions that involve a singular and common question of law – whether, and how, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“2013 Act”) would apply to determination of compensation, provision of rehabilitation and resettlement and making available infrastructure amenities in cases of land acquisition under the National Highways Act, 1956 (“NH Act”).

3. The case of the Petitioners is that while the law is clear that the entitlements to rehabilitation and resettlement under the Second Schedule of the 2013 Act would be available over and above the monetary compensation under the First Schedule of the 2013 Act even to cases of land acquisition under the NH Act, their grievance is that their requests for entitlements under the Second Schedule have been rejected in a mechanical manner, purporting to reply on a Manual of Guidelines, instead of an objective application of the substantive Page 3 of 18 provisions of the relevant schedules of the 2013 Act to the facts relating to the Petitioners requests.

4. The case of the Petitioners is that the determination of compensation under the First Schedule, the rehabilitation and resettlement under the Second Schedule and provision of infrastructure amenities under the Third Schedule of the 2013 Act would apply entirely to cases of land acquisition under the NH Act. Consequently, they submit, the Competent Authority under the NH Act has to apply his mind consciously to the facts of each case of acquisition under the NH Act and examine the circumstances of each