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Bombay High Court

The Special Land Acquisition Officer, Special Unit No. 2, Pimpri,versusVIJAY PANDURANG BANKAR

Decided
Disposal
Disposed Off

Holding

The court granted the SLAO an extension of time until 30 September 2026 to complete the acquisition and pass the award, while ordering interim disbursement of the deposited amount and setting a deadline for the rental compensation hearing.

Summary

The Special Land Acquisition Officer (SLAO) applied for a six‑month extension to complete land acquisition and pass an award for lands belonging to the petitioners, as directed by the High Court on 30‑04‑2025. The court noted that the Pimpri Chinchwad Municipal Corporation (PCMC) had delayed depositing 50% of the compensation and had not yet heard the petitioners' claim for rental compensation, despite a specific direction to do so within two months. PCMC subsequently deposited Rs 1,46,59,450 as its share of the tentative compensation and indicated that a hearing on rental compensation would be fixed within ten working days. The court ordered the SLAO to disburse the deposited amount to the petitioners within two weeks, and directed that the rental compensation matter be heard and decided by 31‑03‑2026. Considering the circumstances, the court granted the SLAO an extension of time until 30‑09‑2026 to complete the acquisition process and pass the award, and dismissed any further request for additional extensions.

Issues considered

  • Whether the SLAO is entitled to an extension of time to complete land acquisition and pass the award.
  • Whether the delay by PCMC in depositing 50% compensation and hearing rental compensation precludes granting the extension.
  • Whether the court can order interim disbursement of the deposited compensation before final award.
  • Whether any further extension beyond the granted period should be allowed.

Subjects

  • land acquisition
  • compensation
  • rental compensation
  • extension of time
  • interim application
  • High Court of Bombay
  • award

Judgment

                                                                                          906_IA_943_26.doc



                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                              INTERIM APPLICATION NO. 943 OF 2026
                                                               IN
                                                 WRIT PETITION NO. 4640 OF 2022

                               The Special Land Acquisition Officer,
                               Special Unit No.II, Pimpri                      … Applicant/
                                                                                 Orig. Resp. No.3
                               In the matter between:
                               Vijay Pandurang Bankar and others            … Petitioners
                                      vs.
                               The State of Maharashtra, Through its Secy.,
                               Urban Development Department and others … Respondent

                               Ms. Madhavi Ayyapppan a/w. Mr. Vidyasagar Bhave, i/b. Talekar and
                               Associates for petitioners.
                               Ms. Vrishali Raje, AGP for respondent-State.
                               Mr. Rohit Sakhadeo for respondent No.2-PCMC.
                               Ms. Shubhada Patil, Planning Assistant.


                                                                CORAM :       MANISH PITALE &
                                                                              SHREERAM V. SHIRSAT, JJ
                                                                DATE      :   12th FEBRUARY, 2026
                               P.C. :
                               .        This interim application is filed by the original respondent
                               No.3-Special Land Acquisition Officer (SLAO), seeking extension of
                               time for complying with the direction issued by this Court in an order
                               dated 30.04.2025, while disposing of Writ Petition No.4640 of 2022.

                               2.       By the said order, a Division Bench of this Court had directed
                               the applicant (respondent No.3) to complete the process of
            Digitally signed
PRIYA  by PRIYA
       KAMBLI
KAMBLI Date: 2026.02.12
       17:50:22 +0530          acquisition and passing an award with regard to the lands belonging
                               to the petitioners on or before 31.03.2026. By this application, the
                               applicant is seeking extension of time by 6 months to comply with
                               the said order.

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                                                          906_IA_943_26.doc



3.    When this application was listed on 04.02.2026 before this
Court, we were informed that one of the reasons why the applicant-
respondent No.3 may not be able to complete the process by
31.03.2026, was delay on the part of respondent No.2-Pimpri
Chinchwad Municipal Corporation (corporation) to deposit 50% of
the compensation amount. On the said date of hearing, a grievance
was also raised on behalf of the original petitioners that even the
aspect of rental compensation was not considered by the respondent
No.2-corporation, despite the specific direction issued in paragraph
No.12 of the order dated 30.04.2025 that the said respondent would
dispose of the representation of original petitioners, with regard to
their demand of rental compensation expeditiously and in any case,
within 2 months from the date of the order.

4.    In that light, on 04.02.2026, we had called upon the learned
counsel appearing for the said respondent to take specific
instructions in the matter.

5.    Today when the application is called out for hearing, the
learned counsel for respondent-corporation has tendered affidavit of
the Deputy Director, Town Planning Department of the respondent-
corporation. The same is taken on record.

6.    The relevant contents of the said affidavit read as follows:

     ‘3.   I say that, most of the relevant correspondence
           between PCMC and the Concerned office/officers of
           State Government is already part of the present
           interim    application.   After   receiving   the
           communication dated 18/11/2025 regarding the
           amount of land acquisition compensation from the
           SLAO, PCMC carried out further due process.
           Thereafter, PCMC has deposited total amount of
           Rs.13,30,83,000/- by cheque dated 6/02/2026 with
           the SLAO by communication dated 6/02/2026.
           Hereto annexed and marked as Exhibit R-1 (Colly)

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          is the copy of cheque dated 6/02/2026 along with
          communication dated 6/02/2026. The said amount
          includes tentative amount of Rs.1,46,59,450/-
          towards 50% share of compensation payable
          towards land acquisition to the share of the
          Petitioners.
     4.   As regards the issue of deciding the issue of rental
          compensation application made by the Petitioner, it
          is most respectfully submitted that, the Hon'ble
          Municipal Commissioner will be fixing and
          intimating date of hearing to the Petitioners. The
          date of hearing will be within 10 working days from
          today. The Petitioner's application for rental
          compensation dated 14/05/2025 will be decided in
          accordance with law after giving opportunity of
          hearing to the Petitioners as directed by this Hon'ble
          Court while disposing of the Petition. The decision
          on the Petitioner's application will be taken by
          commissioner on priority and as early as possible
          after hearing takes place on the Petitioner's
          application.
     5.   I further say that, the time consumed in taking steps
          as regards the Petitioner's application for rental
          compensation was not intentional. Even as regards
          the depositing of 50% of tentative amount with
          SLAO, the time consumed was due to the
          administrative process, necessary correspondence
          etc. The time taken/delay for the same was not
          intentional. PCMC including its Municipal
          Commissioner has the highest respect towards the
          orders passed by this Hon'ble Court.’

7.    The learned counsel for the respondent-corporation submits
that the above-quoted contents of the affidavit, are self-explanatory
and that the officials of respondent-corporation shall abide by the
undertakings given to this Court.

8.    We find that the amount of ₹ 1,46,59,450/- towards 50%
share of the compensation payable to the petitioners, has been
deposited with the applicant/respondent No.3-SLAO. This is towards
the tentative calculation of compensation payable to the petitioners.


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                                                                        906_IA_943_26.doc



               We see no impediment in directing the applicant/respondent No.3 to
               disburse the said amount to the petitioners, subject to determination
               of final compensation amount. The said amount shall be disbursed to
               the petitioners within two weeks from today.

               9.    As regards the aspect of rental compensation, the above-
               quoted portion of the affidavit of the respondent-corporation clearly
               shows that first hearing with regard to the said claim of the original
               petitioners will be fixed on any date upto 20.02.2026. Respondent-
               corporation shall abide by the said statement.

               10.   We further direct that the process of hearing and passing order
               on the representation dated 14.05.2025 of the original petitioners,
               seeking grant of rental compensation, shall be completed on or
               before 31.03.2026. No further extension of time shall be granted.

               11.   As regards the prayer in this application filed on behalf of
               applicant/respondent No.3 for extension of time to abide by the
               direction contained in the order dated 30.04.2025, for completing
               the acquisition process and passing of award, in the facts and
               circumstances of the present case, we are inclined to grant the
               prayer.

               12.   Accordingly, the application is allowed in terms of prayer
               clause (a). Consequently, the applicant is granted extension of time
               till 30.09.2026 to abide by the direction issued in the order dated
               30.04.2025 passed by this Court.

               13.   The application is disposed of.




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

Priya Kambli


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