The Central Government holds exclusive jurisdiction under the National Highways Act and the 2013 Land Acquisition Act to determine compensation multiplier factors for national highway land acquisitions, rendering contradictory State Government notifications and resolutions inapplicable to such projects.

JUDGMENT: (Per Justice Manish Pitale):

. Rule. Rule made returnable forthwith and with the consent of the learned counsel for parties, heard finally.

2. The question that arises for consideration in this petition is, as to whether the notification and Government Resolutions (hereinafter referred to as the GRs), issued by the respondent No.3-State Government, pertaining to applicability of multiplier factor of 1.00, can apply to acquisition proceedings undertaken in pursuance of notification issued by the respondent No.1-Union of India (hereinafter referred to as the Central Government), under Section 3-A(1) of the National Highways Act, 1956 (hereinafter referred to as the National Highways Act), for national highway project implemented by the respondent No.5-National Highways Authority of India (hereinafter referred to as NHAI). Particularly when the Central Government, by notification issued under Section 30(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013), had specifically notified the multiplier factor to be 2.00. In other words, the petitioners object to respondent No.3-State Government effectively reducing the multiplier factor from 2.00 to 1.00, although the acquisition of the subject lands is at the instance of respondent No.1-Central Government for the NHAI to construct/widen the national highway. In this judgment, the expression ‘multiplier’ is being used in respect of the factor by which the market value of the acquired property, is to be multiplied.

3. The petitioners are the owners of land situated in Gat No.138 and 143 pt. in Village Odha, District Nashik. On 01.11.2021, by exercising power under Section 3-A(1) of the National Highways Act, the respondent No.1-Central Government issued notifications for acquisition of lands, including the land belonging to the petitioners, for public purpose of Surat-Nashik-Ahmednagar Greenfield Section of the national highway in Nashik district. The said notification specifically invited objections from interested persons under Section 3-C of the National Highways Act.

4. On 02.12.2021, the petitioners submitted a detailed representation/objection under Section 3-C of the National Highways Act, raising a specific contention with regard to the applicability of the multiplier factor concerning the said acquisition. The said representation/objection was submitted in the backdrop of the fact that despite notification dated 09.02.2016 issued by the respondent No.1-Central Government exercising power under Section 30(2) of the Act of 2013, specifying the multiplier factor as 2.00, the respondent No.3-State Government had issued notification purportedly exercising power under the very same Act, specifying the multiplier factor as 1.00 for land being acquired for national or State highways and for Development Plan area and Regional Plan area.

5. The respondent No.3-State Government had also issued GR dated 06.10.2021, again specifying the multiplier factor as 1.00, even with regard to acquisition pertaining to national highways. This was reiterated by subsequent GR dated 14.01.2022, in which the said respondent had specifically referred to acquisitions undertaken in pursuance of notification issued under Section 3-A(1) of the National Highways Act. According to the petitioners, the said respondent could not have issued the said notification and GRs, which are in the teeth of the power already exercised by the responde