The Madhya Pradesh High Court at Jabalpur has dismissed a petition seeking the return of land acquired for construction of a National Highway, holding that there is no provision under the National Highways Act for returning such acquired land merely because part of it remained unused.
A Division Bench comprising Justice Vivek Agarwal and Justice Avanindra Kumar Singh passed the order on August 19, 2026.
Background of the Case
The petitioner, Kaushalya Devi, claimed that a portion of her land in Khasra No. 633/1 was used for the National Highway, while 0.043 hectares of land in village Kemar remained unutilised after the highway was constructed. She therefore sought a direction for the land to be returned.
The State opposed the plea, relying on earlier decisions in Dayanand v. Union of India and Dadhiram Jatav v. Project Director, National Highway Authority of India & Others. Those cases held that once land acquired under the National Highways Act had vested in the Union of India after payment of compensation, there was no provision for its return.
The Bench also considered reliance placed on Pradeep Pandey & Others v. Collector Sagar. However, it found that decision concerned land acquisition under the 2013 Land Acquisition Act and was not a case concerning the National Highway Authority. The Court therefore held that it did not apply to the present matter.
The Bench noted that the earlier decision in Dadhiram Jatav specifically considered Section 3D of the National Highways Act, 1956, and concluded that the Act contains no provision for returning land acquired for highway construction.
“No material contrary to the aforesaid judgment has been brought to our notice. Therefore, the ratio of law laid down in Dadhiram Jatav (supra) shall follow the course in the present case.”
Finding no basis to depart from the earlier ruling, the Division Bench dismissed the petition.
Case Details
Case Title: Kaushalya Devi vs. The State of Madhya Pradesh and Others
Case Number: Writ Petition No. 12162 of 2026
Judge: Justice Vivek Agarwal and Justice Avanindra Kumar Singh
Decision Date: August 19, 2026
