Shri. Prabhakar S/O Baburao Adsul and Anr. v. the Competent Authority Cum Deputy Collector and Ors.

Bombay HC3 Jul 2025WP/9527/2021

Case brief

AI extract

What is this about?

National Highways Act Section 3(H)(4) reference; land acquisition compensation dispute; apportionment and recovery of compensation; Gat No. 149, village Balupatalachi Wadi, Taluka-Khandala, District-Satara; 4948 sq.mts.; objection dated 3 February 2020; Competent Authority cum Deputy Collector; Principal Civil Court of original jurisdiction; writ petition disposed without merits; Bombay High Court; Prabhakar Adsul.

What did the court decide?

Direction to Respondent No. 1 to refer the proceeding to the Principal Civil Court of original jurisdiction to determine the dispute between the parties, including apportionment of compensation and any recovery from Respondent Nos. 2 to 6; the Civil Court may pass orders as it deems fit in accordance with law; all contentions on merits left open. ¶¶20

Shri. Prabhakar S/O Baburao Adsul and Anr. Vs the Competent Authority Cum Deputy Collector and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Respondent No. 1 should be directed to make a reference under Section 3(H)(4) of the National Highways Act to the Principal Civil Court of original jurisdiction in respect of the compensation paid to Respondent Nos. 2 to 6 pertaining to approximately 4948 sq.mts. from Gat No. 149, village Balupatalachi Wadi, Taluka-Khandala, District-Satara, pursuant to the Petitioners' objection dated 3rd February 2020. +1 more

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Court's answer

In view of the Competent Authority's letter dated 2nd July 2025, Respondent No. 1 is directed to refer the said proceeding to the Principal Civil Court of original jurisdiction to determine the dispute arising between the parties.

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Ratio / Principle

The dispute pertaining to apportionment of the amount of compensation paid, and recovery of amounts paid to Respondent Nos. 2 to 6 (if any), shall also be decided by the Civil Court to which the reference is made; that Civil Court is at liberty to pass necessary orders as it deems fit, in accordance with law.

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Key takeaways

The Court has not gone into the merits of the matter; all contentions of all parties on merits remain open.ratio¶¶22

Detailed headnote1 paragraphs

Bombay High Court (Revati Mohite Dere & Dr. Neela Gokhale, JJ.) disposed of Writ Petition No. 9527 of 2021 on 3rd July 2025 without entering the merits. The Petitioners had sought a direction to Respondent No. 1 to make a reference under Section 3(H)(4) of the National Highways Act to the Principal Civil Court of original jurisdiction regarding compensation paid to Respondent Nos. 2 to 6 for approximately 4948 sq.mts. from Gat No. 149, village Balupatalachi Wadi, Taluka-Khandala, District-Satara, pursuant to their objection dated 3rd February 2020, and a direction to Respondent Nos. 1 and 7 to recover the compensation so paid. Relying on the Competent Authority cum Deputy Collector's letter dated 2nd July 2025 confirming referral within 15 days, the Court directed Respondent No. 1 to refer the proceeding to the Principal Civil Court of original jurisdiction; apportionment of compensation and any recovery from Respondent Nos. 2 to 6 was left to that Civil Court, which was given liberty to pass orders in accordance with law. All contentions of all parties on merits were expressly kept open.

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910-WP-9527-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.9527 OF 2021

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Prabhakar S/o Baburao Adsul & Anr. …..Petitioners Vs. The Competent Authority Cum Deputy Collector & Ors. …..Respondents

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Mr. Rajiv Chavan a/w Ms. Sonam Pandey, Ms. Shweta Pandey i/b Milind Deshpande, for the Petitioners.

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Mr. A. I. Patel, Additional Government Pleader with Smt. M. S. Bane, AGP for the Respondent-State.

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CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ. DATE : 3^rd JULY 2025.

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P.C.:-

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The Petitioner essentially seeks directions to the Respondent No. 1 to make a reference under Section 3 (H) 4 of the National Highways Act to the Principal Civil Court of original jurisdiction in respect of the compensation paid to the Respondent Nos. 2 to 6 pertaining to an area admeasuring approximately 4948 sq.mts. of area, from Gat No. 149, lying, being and situate at village Balupatalachi Wadi, Taluka-Khandala, District-Satara in respect of objection dated 3^rd February 2020 raised by the Petitioner Nos. 1 & 2.

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Suresh

910-WP-9527-2021.doc

The Petitioner also seeks a direction to the Respondent Nos.1 & 7 to forthwith take steps to recover the amount of compensation paid to the Respondent Nos.2 to 6 in view of the aforesaid land.

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Mr. A. I. Patel, learned Additional GP representing the State has placed on record a letter dated 2^nd July 2025 issued by the Competent Authority cum Deputy Collector of Land Acquisition confirming that the proceedings are being referred to the Principal Civil Court of original jurisdiction in respect of the aforesaid property within a period of 15 days.

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In view of the averments of the letter dated 2^nd July 2025, the Respondent No.1 is directed to refer the said proceeding to the Principal Civil Court of original jurisdiction to determine the dispute arising between the parties. The dispute pertaining to apportionment of the amount of compensation paid/recovery of amounts paid to the Respondent Nos.2 to 6, if any is to be made from them, shall also be decided by the Civil Court to which the reference is made. The said Civil Court shall be at liberty to pass necessary orders as it deems fit, in accordance with law.

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Suresh

910-WP-9527-2021.doc