Authority: High Court of Judicature at Bombay

Order Date: 14 October 2026

Case Overview

  • Petitioners: Aapp​a 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) and others.
  • Respondents: The Competent Authority Mumbai and Varodara Express & Anr.
  • Counsel for petitioners: Mr. S.S. Redekar (all petitions).
  • Counsel for respondents: Mr. Rakesh Singh (by M.V. Kini & Co.) for NHAI; various Additional Government Pleaders (AGPs) for the State across different petitions.
  • Judges (Coram): Hon’ble Justices Manish Pitale & Shreeram V. Shirsat.
  • Core dispute: The Competent Authority deducted a 10% royalty amount from compensation awarded for compulsory acquisition of land under the National Highways Act, citing Government Resolution dated 15 July 2010.
  • Petitioners argued the deduction violated constitutional equality (Article 14) based on prior judgments of this Court.
  • Referenced judgments:
  • Diksha Dilip Pawar & Others v. The Competent Authority (Writ Petition No. 3545 of 2020, order dated 13 April 2022) – quashed the 2010 Government Resolution as violative of Article 14 and held the 10% deduction unauthorised.
  • Suman Govind Kudate v. The Competent Authority & Sub Divisional Officer & Anr. (2025 SCC Online Bom 702) – directed refund of deducted amount with 12% interest from the date of Section 3A notification to the award date, and an additional 9% interest from award date to actual payment.
  • Petitioners had submitted representations invoking these judgments, but received no response from the Competent Authority, prompting the present writ petitions.

Final Outcome

  • The Court allowed all the writ petitions.
  • It directed the Competent Authority Mumbai to refund the 10% royalty amount deducted from each petitioner’s compensation.
  • Refund must include interest at 12% per annum from the date of the Section 3A notification (under the National Highways Act) up to the date of the award, and thereafter interest at 9% per annum from the award date until actual payment.
  • The calculated amounts must be disbursed to each petitioner within two months 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