Case Note & Summary
The petitioners, Govind Poslya Gavit and Vilas Vijaysing Valvi, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court at Aurangabad. They sought a writ of mandamus directing respondent no.2, the National Highway Authority of India (NHAI), to stop construction of National Highway No. 6 on their lands and to initiate and complete land acquisition proceedings for their properties bearing Gat Nos. 45/4/A, 45/4/B, and 45/4/C situated at Mauje Gangapur, Taluka Navapur, District Nandurbar, and to pay compensation. The petitioners claimed they were owners and possessors of the said lands. The respondents, including the Competent Authority and Special Land Acquisition Officer, NHAI, Deputy Superintendent of Land Record, and the Collector, Nandurbar, were represented by counsel. The court, after hearing the parties, observed that the respondents had not initiated any land acquisition proceedings under the National Highways Act, 1956, despite constructing the highway on the petitioners' land. The court held that the authorities cannot encroach upon private property without following the due process of law. Consequently, the court allowed the petition, directing respondent no.2 to initiate and complete land acquisition proceedings within three months and pay compensation to the petitioners. The court also directed the petitioners to cooperate with the acquisition process. The petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Land Acquisition - Petitioners sought mandamus to stop highway construction and initiate acquisition proceedings - Court held that authorities cannot encroach upon private land without following due process of law under the National Highways Act, 1956 - Directed respondent no.2 to initiate and complete land acquisition proceedings within three months and pay compensation (Paras 2-5).
Issue of Consideration
Whether the respondent authorities can construct a national highway on the petitioners' land without initiating land acquisition proceedings and paying compensation under the National Highways Act, 1956.
Final Decision
The petition is allowed. Respondent no.2 is directed to initiate and complete land acquisition proceedings in respect of the petitioners' lands within three months and pay compensation. The petitioners are directed to cooperate. Rule made absolute. No order as to costs.
Law Points
- Mandamus
- Land Acquisition
- National Highway Act
- 1956
- Right to Compensation
- Article 226
Case Details
2022 LawText (BOM) (05) 13
Writ Petition No.5077 of 2022
R. D. Dhanuka, S. G. Mehare
Mr. D. S. Bagul for Petitioners, Mr. R. B. Bhosale for Respondent No.1, Mr. V. D. Sapkal (Senior Advocate) instructed by Mr. Deepak S. Manorkar for Respondent No.2, Mr. S. P. Tiwari (A.G.P.) for Respondents No.3 and 4
Govind Poslya Gavit and Vilas Vijaysing Valvi
Competent Authority and Special Land Acquisition Officer (National Highway No. 6) / Assistant Collector, Nandurbar; National Highway Authority of India; Deputy Superintendent of Land Record, Nandurbar; The learned Collector, Nandurbar
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking mandamus to stop highway construction and initiate land acquisition proceedings.
Remedy Sought
Petitioners sought a writ of mandamus directing respondent no.2 to stop construction of national highway no. 6 on their lands and to initiate and complete land acquisition proceedings and pay compensation.
Filing Reason
Respondents were constructing a national highway on petitioners' land without initiating land acquisition proceedings or paying compensation.
Issues
Whether the respondent authorities can construct a national highway on the petitioners' land without initiating land acquisition proceedings and paying compensation under the National Highways Act, 1956.
Submissions/Arguments
Petitioners argued they are owners and possessors of the land and that the respondents have not initiated any land acquisition proceedings despite constructing the highway.
Respondents did not dispute the facts but sought time to complete acquisition proceedings.
Ratio Decidendi
Authorities cannot encroach upon private property without following due process of law under the National Highways Act, 1956. A writ of mandamus lies to compel the authorities to initiate land acquisition proceedings and pay compensation.
Judgment Excerpts
By this petition filed under Article 226 of the Constitution of India, the petitioners seek writ of mandamus directing the respondent no.2 to stop the construction of national highway no. 6 at the sites of petitioners immediately.
The respondents have not initiated any land acquisition proceedings under the National Highways Act, 1956, though they have constructed the highway on the land of the petitioners.
The authorities cannot encroach upon the private property of the petitioners without following the due process of law.
Procedural History
The petition was filed under Article 226 of the Constitution of India. Rule was issued and made returnable forthwith. With consent of counsel, the petition was heard finally.
Acts & Sections
- National Highways Act, 1956:
- Constitution of India: Article 226
