M/s. MUMBAI NASIK EXPRESS WAY LIMITED (THROUGH POA) MR.SAMEER KERKAR vs TRAMBAK PRABAT CHAVAN

Judgment text excerpt

SA-344-2018 & IA-13480-25.docx Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 344 OF 2018 M/s. Mumbai Nasik Express Way Limited Appellant .. (Org. Defendant) Versus Trambak Parbat Chavan Respondent .. (Org. Plaintiff) WITH INTERIM APPLICATION NO. 13480 OF 2025 IN SECOND APPEAL NO. 344 OF 2018 Igatpuri Highway Pvt Ltd .. Applicant IN THE MATTER BETWEEN M/s. Mumbai Nasik Express Way Limited Appellant .. (Org. Defendant) Versus Trambak Parbat Chavan Respondent .. (Org. Plaintiff) ....................  Mr. Divesh Chamboowala a/w Mr. Dharmesh Pandya i/by Ashwin Pandya & Associates, Advocates for Applicant  Mr. Sugandh Deshmukh, Advocate for Respondent ................... CORAM : MILIND N. JADHAV, J. DATE : DECEMBER 09, 2025 JUDGMENT: 1. Heard Mr. Chamboowala, learned Advocate for Applicant and Mr. Deshmukh, learned Advocate for Respondent. 2. The principal question for determination in the present Second Appeal raised by Appellant is :- "Whether on the date of publication of 1 SA-344-2018 & IA-13480-25.docx declaration / notification under Section 3-D of the National Highways Act, 1956 (for short "the said Act") the land acquired would vest in the Central Government from all encumbrances and completely extinguish the right of the owner of the said land. Once this question is answered all other consequential issues, inter alia, relating to possession, receipt of compensation will stand answered accordingly. 3. Some brief facts relevant for the purpose of adjudication of aforementioned question of law raised by Appellant are as follows:- 3.1. Appellant is the original Defendant. Respondent is the original Plaintiff. Parties shall be referred to as " Plaintiff" and "Defendant" for the sake of convenience. Plaintiff is / was o