Summary: In a recent decision, the Bombay High Court turned down the request by Anirudha Manohar Khopade and others, who said they had rights over a part of a building in Bhoirgaon, Thane, affected by the Vadodara Mumbai Expressway project. The court decided that the rules under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 do not apply to land taken under the National Highways Act, 1956.
The case is about taking land for the Vadodara Mumbai Expressway. Anirudha Manohar Khopade and others own parts of a building, Godown L1, in Bhoirgaon, Thane. They argued that the whole building should be taken, using Section 94 of the Act of 2013. The National Highway Authority of India (NHAI) had taken part of the building, which led to arguments.
Section 94 Not Applicable: The court, led by Judges Manish Pitale and Shreeram V. Shirsat, decided that Section 94 of the Act of 2013 does not apply to land taken under the Highways Act. The announcement dated August 28, 2015, did not include this rule.
Notification and Public Awareness: The court noted that announcements were made in local newspapers, and Anirudha Manohar Khopade and others did not respond in time. The process of taking the land was considered legal and followed the necessary rules.
The court mentioned a report from IIT Bombay, which said that taking down part of Godown L1 would not harm the stability of the rest of the building. This was an important point in rejecting Anirudha Manohar Khopade's claims.
The court ruled that Anirudha Manohar Khopade and others cannot claim any violation of their right to property because the law was followed in the process of taking the land. They can seek compensation if their business is affected, but the expressway project will continue as planned.
