Jijabai Bhimraj Patil and Others v. the State of Maharashtra through Its Secretary and Others
Case brief
What is this about?
National highway land acquisition compensation; multiplier factor dispute between Central Government notification and State Government Resolutions; RFCTLARR Act 2013 s.30(2) 'appropriate Government' exclusive jurisdiction; National Highways Act ss.3-A(1) and 3-G(5); quashing of Awards applying multiplier 1.00; fresh Awards at multiplier 2.00 per notification dated 09.02.2016; villages Umale, Hadsan, Samner, Khadegaon, Bildi, Pahan, Krushnapuri, Goradkheda Budruk, Goradkheda Khurd, Lasgaon, Nandra, Tongaon (Jalgaon district); follows Bombay HC Principal Seat decision in Vikrant Happy Homes WP 8122/2022; advocates Rahul R. Totla (petitioners), P. K. Lakhotiya AGP (State).
What did the court decide?
All 12 Writ Petitions allowed and Rule made absolute; impugned Awards applying multiplier factor 1.00 quashed and set aside; Respondent No.5 – Competent Authority to issue fresh Awards applying multiplier factor 2.00 per Central Government notification dated 9th February 2016 within 8 weeks; quantum grievances left to the Section 3-G(5) National Highways Act remedy.