27-WP-11670-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11670 OF 2025 Aparna Anand Nikam Alias Akkatai Babu Shelke ...Petitioner. Versus Sub Divisional Oicer Panhala And Another ...Respondents. —————— Mr. Rajvardhan Chougule for the Petitioner. Mr. Nikhil Pawar a/w Rajdeep shitole & Manoj Patil for Respondent No. 1. Mr. Siddheshwar B. Kalel, AGP for the Respondent No. 2-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : August 25, 2026. P. C. : 1. By the present petition, the limited relief which is sought is for a direction to the Sub-divisional Oicer to forward the dispute to the competent Civil Court as per the provisions of Section 3(H) of the National Highways Act, 1956. 2. The petition is iled by the daughter of respondent No. 2 claiming 1/5th share in the compensation for the land which has been acquired. By order of 16.10.2025, this Court had protected the petitioner's approximate share of about Rs.4 lakhs, which was directed not to be disbursed by the Sub-divisional Oicer to respondent No. 2. 3. Section 3(H)(4) National Highways Act provides that when any Harish 1 of 2 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2026.08.25 20:12:24 +0530 27-WP-11670-2025.doc dispute arises as to the apportionment of the amount or any part thereof, or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the Principal Civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated. 4. Considering the said provisions, it cannot be debated that dispute has arisen as regards the apportionment of the compensation, which is required to be determined by the competent Civil Court. 5. Resultantly, the petition is allowed. The respondent No. 1 is directed to forward the dispute to the competent Civil Court under the provisions of Section 3(H) of the National Highways Act. 6. The compensation of Rs. 4 lakhs is to be deposited in the competent Civil Court. 7. All rights and contentions of all parties are expressly kept open. 8. The petition is disposed of in the above terms. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Harish 2 of 2