Synopsis

The petitioners’ land was acquired for widening of National Highway No. 211 (Dhule‑Solapur Road). The Deputy Collector passed an award determining total compensation of Rs. 64,09,201/-. However, the authorities refused to pay compensation for 2,168 sq. mtrs. of land which was designated as service road, contending that no compensation was payable for land used for public purpose (service roads, open spaces). The petitioners filed a writ petition. The High Court allowed the petition, holding that the landowners are entitled to compensation even for the land acquired for service road/open space. Following the Supreme Court’s decision in Pt. Chet Ram Vashist v. Municipal Corporation of Delhi and subsequent consistent precedents, the court held that the right to manage such land as a custodian does not entitle the acquiring authority to transfer ownership without compensation.

1. Heading of the judgment

High court of judicature at bombay bench at aurangabad

Writ petition no. 1986 of 2016

Youvraj namdeo khaladkar & anr. (petitioners) vs. The national highway authority of india ministry of road transport and highway its secretary & ors. (respondents)

Coram: hon’ble mr. justice kishore c. sant and hon’ble mr. justice sushil m. ghodeswar

Core Law: National Highways Act, 1956 – Sections 3A, 3D, 3G, 3H, 3J – Land acquisition – Compensation for service road and open spaces – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2).

Court: High Court of Judicature at Bombay, Bench at Aurangabad
Coram: Hon’ble Mr. Justice Kishore C. Sant and Hon’ble Mr. Justice Sushil M. Ghodeswar (Division Bench)
Date of Judgment: June 12, 2026 (Reserved on April 7, 2026)
Case No.: Writ Petition No. 1986 of 2016

2. Legal framework

Major laws and provisions involved:

• National Highways Act, 1956 – Sections 3A (notification for acquisition), 3D (declaration of acquisition), 3G (determination of compensation), 3H (deposit of compensation), 3J (competent authority)

• Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) (award under the new regime)

• Town Planning and Building Bye‑laws (Maharashtra) – Rules 19.2, 19.3 (open spaces, service roads)

Subject matter of the judgment:

Whether a landowner whose land is acquired under the National Highways Act is entitled to compensation for the portion of land that is designated as service road or open space for public use, or whether such land is exempt from compensation because it is meant for public utility.

Key legal principles applied:

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