Case Note & Summary
The petitioners, owners of galas in Godown L1, challenged NHAI's acquisition of part of the godown for the Vadodara Mumbai Expressway under the National Highways Act, 1956 -- They invoked Section 94 of the RFCTLARR Act, 2013, claiming a right to have the whole building acquired if part is taken -- NHAI argued that Section 94 did not apply due to Section 105 of the RFCTLARR Act, 2013, which exempts acquisitions under the National Highways Act, 1956 -- The High Court examined the chronology, including the land acquisition award dated 24.11.2023 and a report from IIT Bombay on structural stability -- The Court held that the petitioners' claim under Section 94 was not maintainable, as the acquisition was governed by the National Highways Act, 1956 -- The writ petition was dismissed, and the impugned letter dated 15.11.2025 was upheld
Headnote
The petitioners, owners of galas in Godown L1 at Village Bhoirgaon, filed a writ petition under Article 226 of the Constitution of India, invoking Section 94 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) -- They sought to quash the letter dated 15.11.2025 from the National Highway Authority of India (NHAI) and demanded acquisition of the remaining portion of Godown L1 -- The respondent NHAI contended that Section 94 of the RFCTLARR Act, 2013 was not applicable due to Section 105, which excludes acquisitions under the National Highways Act, 1956 -- The High Court, after hearing arguments, reserved judgment on February 03, 2026 and pronounced it on February 24, 2026 -- The Court held that the petitioners could not rely on Section 94 of the RFCTLARR Act, 2013 as the acquisition was governed by the National Highways Act, 1956 -- The petition was dismissed, upholding NHAI's actions and the impugned letter
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Issue of Consideration: The Issue of whether the petitioners could invoke Section 94 of the RFCTLARR Act, 2013 to challenge the acquisition of part of Godown L1 under the National Highways Act, 1956, and whether the impugned letter dated 15.11.2025 by NHAI should be quashed
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Final Decision
The High Court dismissed the writ petition, holding that Section 94 of the RFCTLARR Act, 2013 is not applicable to the acquisition under the National Highways Act, 1956 -- The impugned letter dated 15.11.2025 by NHAI was upheld, and no relief was granted to the petitioners
