Dhanaji Sahebrao Chobe and Ors. v. Union of India and Ors.
Case brief
What is this about?
Division Bench of the High Court of Judicature at Bombay, Aurangabad Bench (Smt. Vibha Kankanwadi & Ajit B. Kadethankar, JJ.), 24 April 2026, Writ Petition No.4489 of 2026. Landowners (Dhanaji Sahebrao Chobe and Ors.) challenged the award of compensation under the National Highways Act, 1956, complaining of mandatory provisions regarding measurements and methodology. On a preliminary objection of maintainability founded on the alternative remedy under Section 3G(5), and the court's observation that the challenge was to the award (determination of compensation) rather than to the acquisition, the petition was disposed of as withdrawn with liberty to approach the Arbitrator; the concerned authority was directed to consider the period spent in prosecuting the writ petition if limitation falls for consideration. Keywords: maintainability; alternative remedy; Section 3G(5) National Highways Act; award; compensation; withdrawal; Arbitrator; limitation.