KISMAT KAMRUDDIN SHAIKH v. THE UNION OF INDIA THROUGH PRINCIPAL SECRETARY AND OTHERS
WP/10092/2023 · 2026-06-22
Shri Abasaheb D Shinde, Shri N B Suryawanshi
body2023
DailyLaw.ai
[ 2023 DAILYLAW 2804 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 2804 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
{1} 23-wp-10092-2023 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 23 WRIT PETITION NO. 10092 OF 2023 Kismat Kamruddin Shaikh VERSUS The Union Of India Through Principal Secretary And Others ... Mr. N.J. Pahune Patil, Advocate for the Petitioner Mr. S.S. Dande, AGP for State Mr. S.S. Deve, Advocate for respondent No. 1, 4 to 7 Mr. Sagar Ladda, Advocate for respondent No. 8 .......
CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ.
DATE : 22nd JUNE, 2026 PER COURT :
1. By this petition, petitioner seeks compensation for his 16 Are excess land acquired for the National Highway No. 752 around Nandurbar town.
2. It is the case of the petitioner that petitioner’s 77 Are NA land from Gat No. 367/1 situated at village Nandurbar was acquired by the respondents No. 1 to 8 for construction of National Highway No. 752. In the land acquisition proceedings, respondent No. 8 recorded that only 61 Are land of the petitioner is acquired, though in fact, 77 Are land of the petitioner was acquired. Though, petitioner pointed out this fact to the respondents, the grievance of the petitioner was not 2026:BHC-AUG:24626-DB
{2} 23-wp-10092-2023 redressed. The petitioner also issued notice through advocate on
27.11.2020. Thereafter, petitioner filed application to respondent No. 9-Deputy Director of Land Records for measurement of the acquired area on 22.07.2021.
2. Heard learned advocate for the petitioner, learned AGP for State and learned advocates for the respective respondents. Perused the documents placed on record.
3. Respondent No. 8 by filing reply affidavit has stated that petitioner’s land has been acquired by Public Works Department. No reply is filed by Public Works Department so far.
4. In view of peculiar facts of the present case and admitted position on record, writ petition is disposed of by directing respondents to initiate proposal for acquisition of 16 Are land of the petitioner and pay compensation to the petitioner within the time stipulated in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The acquisition proposal for 16 Are land of the petitioner shall be initiated within a period of four weeks from the date of receipt of copy of this order.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Bhagyawant Punde