GANESH SHANKAR DIMBLE AND ORSversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND ORS

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                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 11159 OF 2026
                                                         WITH
                                          INTERIM APPLICATION NO. 6812 OF 2026

                      Ganesh Shankar Dimble and Others                         …Petitioners
                            Versus
                      The State of Maharashtra and Others                      …Respondents

                                                       ******
                      Mr. S.S. Kulkarni i/b. Mr. Lengare Y.B. for the Petitioners
                      Smt. D.S. Deshmukh, AGP, for the State.
                                                       ******
VISHAL
SUBHASH                                         CORAM : MANISH PITALE AND
PAREKAR                                                     SHREERAM V. SHIRSAT, JJ.
Digitally signed by
VISHAL SUBHASH
PAREKAR
Date: 2026.08.31
17:47:36 +0530                                      DATE       : 31st AUGUST, 2026

                      P.C. :

                      1.          Heard learned counsel for the petitioners.


                      2.          The petitioners have already raised objections as contemplated

                      under Section 17 of the Maharashtra Highways Act, 1955 in respect of

                      notification issued under Section 15 of the said Act proposing

                      acquisition of lands belonging to the petitioners. The objections are

                      admittedly pending before the Land Acquisition Officer.


                      3.          The petitioners have also moved an Interim Application in this

                      petition proposing to raise further grounds of challenge in order to

                      indicate that the step-wise procedure as contemplated under the

                      Vishal Parekar                                                                        ….1
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provisions of the aforesaid Act has not been followed and, therefore,

the acquisition of the subject lands cannot be proceeded with.


4.          A perusal of Section 17(1) of the said Act shows that a person

who is interested in a land, other than a person whose objections or

suggestions have been already heard or considered by the authority

under Section 7 of the Act, can raise objections in writing setting out

grounds before the Land Acquisition Officer.


5.          The aforesaid provision mandates that the Land Acquisition

Officer shall give an opportunity of hearing to such an objector.


6.          A perusal of the documents filed along with the writ petition

shows that the petitioners have already submitted their objections in

writing under Section 17(1) before the Land Acquisition Officer and

that the same are pending consideration.


7.          On instructions, learned counsel for the petitioners informs this

Court that initially, the Land Acquisition Officer had fixed the hearing

for 17th August 2026. Since the officer was not available, the hearing

was adjourned to 18th August 2026. On the said date, the advocate

representing the petitioners had filed vakalatnama, but the Land

Acquisition Officer appears to have closed the matter for orders


Vishal Parekar                                                                       ….2
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without hearing the petitioners.


8.          We are of the opinion that the petitioners can be permitted to

raise further grounds of objections before the Land Acquisition Officer

by submitting a supplementary statement, which shall be treated as

further objections raised under Section 17(1) of the aforesaid Act. The

petitioners shall be heard on the said objections also in addition to the

objections already raised before the Land Acquisition Officer.


9.          In view of the above, the petitioners are permitted to raise

additional objections in writing before the Land Acquisition Officer

within two weeks from today.


10.         If such further objections are raised on behalf of the petitioners

within the said time period, the Land Acquisition Officer shall treat the

same as additional objections raised under Section 17(1) of the

aforesaid Act. Thereupon, the Land Acquisition Officer shall grant

hearing to the petitioners on the objections already raised and the said

objections proposed to be raised on behalf of the petitioners. After

hearing the petitioners on the aforesaid objections as contemplated

under Section 17 of the said Act, the Land Acquisition Officer shall

pass an appropriate reasoned order in accordance with law.


Vishal Parekar                                                                       ….3
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11.         Needless to say, all the contentions of the petitioners are kept

open.


12.         Writ Petition is disposed of with the above directions.




                 (SHREERAM V. SHIRSAT, J.)          (MANISH PITALE, J.)




Vishal Parekar                                                                        ….4