IN A significant setback to the National Highways Authority of India (NHAI), the Washim District Court has ordered attachment of a toll plaza for failing to comply with compensation orders in a land acquisition case. The court strongly criticised authorities for denying a farmer the enhanced compensation legally awarded for land acquired for a national highway project. The case relates to land owned by Baby Dinkar Garje and her son, Vitthal Dinkar Garje, at Jambhrun Navji village along the Washim–Risod State Highway (SH-51). Their plots in Survey Nos. 55, 56 and 57 had already been converted to non-agricultural use before being acquired for the construction of the Washim bypass on National Highway 161. While compensation was paid for the authorised plots, the acquisition also included internal roads, open spaces and amenity areas within the approved layout.

 

However, no compensation was awarded for these portions. The landowners argued that as the property abutted a State Highway, they were entitled to compensation at four times the Ready Reckoner value, as prescribed under the applicable land acquisition norms. The Garje family subsequently approached the Arbitrator-cum-Additional District Collector, who ruled in their favour. The authority directed that enhanced compensation be paid at the applicable highway rate, including payment for the acquired roads, open spaces and amenity land. Despite these revised orders, the NHAI failed to release the amount. With no payment forthcoming, the landowners filed six execution petitions before the Washim District Court seeking recovery of the dues.

 

During the proceedings, it was submitted that the Tondgaon–Dhumka Toll Plaza, situated within the jurisdiction of the Washim court, collects more than Rs 2–3 lakh in toll revenue every day on behalf of the NHAI. The petitioners sought attachment of the toll plaza to recover the outstanding compensation.

 

Accepting the plea, the Principal District Judge, Washim, signed the warrant directing the attachment of the Tondgaon–Dhumka Toll Plaza. Advocate Uday Deshmukh, representing the landowners, stated that this could be the first instance in the country where a court has ordered the attachment of an NHAI toll plaza to recover unpaid compensation awarded to farmers in a land acquisition dispute. The order is being viewed as a landmark decision reinforcing the rights of landowners and highlighting the legal consequences of failing to comply with judicial directions on compensation.