Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction
Order Date: 14 October 2026
Case Overview
- Petitioners: Aappa Jethu Kachare (WP 8856/2026), Ananata Tukaram Dhangar (WP 9212/2026), Dayanand Jethu Kachare (WP 9213/2026), Kamlakar Jagannath Patil & Ors (WP 856/2026), Bhushan Anant Kasar & Ors (WPST 39791/2025), Anita Ankush Varna & Ors (WPST 40288/2025), Ramakant Kushabhau Kasar (WPST 40290/2025), among others.
- Respondent No. 1: The Competent Authority Mumbai Varodara Express And Anr.
- Respondent No. 2: NHAI (represented by Mr. Rakesh Singh i.by M.V. Kini and Co.).
- Counsel for petitioners: Mr. S.S. Redekar (all petitions).
- Counsel for the State/Respondent: Various Additional Government Pleaders (AGPs) and Assistant Government Pleaders listed for each petition.
- Core grievance: The Competent Authority deducted a 10% royalty amount from compensation awarded for compulsory acquisition of land under the National Highways Act, based on Government Resolution dated 15 July 2010.
- Petitioners submitted representations citing two earlier Bombay High Court judgments that declared the 2010 resolution violative of Article 14 of the Constitution and therefore unlawful:
- Diksha Dilip Pawar & Others v. The Competent Authority (Division Bench judgment and order dated 13 April 2022, WP 3545 2020) – held the 2010 resolution unconstitutional and barred any 10% deduction.
- Suman Govind Kudate v. The Competent Authority & Sub‑Divisional Officer & Anr. (2025 SCC Online Bom 702) – reiterated the prohibition and directed refund of the deducted amount with interest at 12% p.a.
- The petitioners’ representations, relying on these precedents, were ignored by the Competent Authority, prompting the filing of the present writ petitions.
Final Outcome
- The Court, by a majority of two judges (Manish Pitale & Shreeram V. Shirsat), allows all the writ petitions.
- Respondent No. 1 (the Competent Authority) is directed to refund the 10% amount deducted from each petitioner’s compensation with interest:
- 12% per annum from the date of the Section 3A notification (under the National Highways Act) up to the date of the award.
- An additional 9% per annum from the date of the award under Section 3G of the National Highways Act until actual payment is made.
- The calculated refund amounts must be disbursed to each petitioner within two months from the date of this order (i.e., by 14 December 2026).
- All pending applications, if any, are also disposed of.
Topics: Court Order; Land Acquisition Compensation; Royalty Refund