Bombay High Court

MAHADU BHUTA BORSE AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS EXECUTIVE ENGINEER AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court directed that a joint measurement of the petitioners' land be conducted within six weeks, with costs shared equally, and that acquisition and compensation follow if the land is affected.

Summary

The petitioners, Mahadu Bhuta Borse and others, claimed that land belonging to them had been earmarked for the widening of State Highway No. 40 and sought relief. They requested that the respondents, the State of Maharashtra through its Executive Engineer, conduct a joint measurement of the disputed land to ascertain the extent of acquisition. The Court held that the petitioners' grievance could be redressed by such a joint measurement and therefore ordered the respondents to carry it out within six weeks, with the costs to be shared equally between the parties. The order further directed that the measurement report be made available to the petitioners and, if the land was found to be affected, the respondents must proceed with acquisition and pay compensation. Accordingly, the writ petition was disposed with these directions.

Issues considered

What relief can be granted to petitioners alleging land acquisition for highway widening?
Can the Court direct a joint measurement of the disputed land as a remedy?

Subjects

land acquisition
highway widening
joint measurement
writ petition
state highway
compensation

Judgment

2026:BHC-AUG:37865-DB


                                               1                   61-WP-10204-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 10204 OF 2026

                              MAHADU BHUTA BORSE AND OTHERS
                                            VERSUS
              THE STATE OF MAHARASHTRA THROUGH ITS EXECUTIVE ENGINEER
                                          AND OTHERS
                                              ...
              Mr. Bhushan Mahajan, Advocate for the Petitioner
              Mr. V. M. Kagne, AGP for Respondents
                                              ...

                                       CORAM : NITIN B. SURYAWANSHI AND
                                               ABASAHEB D. SHINDE, JJ.
                                        DATE : 19th AUGUST, 2026

              PER COURT :

              1.           Leave is granted to correct the nomenclature of

              respondent No.1. Corrections be carried out forthwith.


              2.           Heard learned advocate for petitioners and learned AGP

              for respondents-State.


              3.           The grievance of the petitioners can be redressed by

              directing joint measurement of the land of petitioners, which claims

              to have acquired for widening of the State Highway No.40.


              4.           Accordingly, this writ petition is disposed of with

              direction to the respondents to conduct joint measurement of the

              land of petitioners within a period of six weeks from the date of

              receipt of copy of this order. The petitioners and respondents shall

              bear charges of joint measurement equally on 50:50 basis.



              SVH
                                     2                    61-WP-10204-26.odt


5.             After joint measurement, report of the same be made

available to the petitioners. In case, it is found in the joint

measurement that petitioners’ land is affected for the road

widening,      the   respondents   shall    take   appropriate   steps    for

acquisition of the said land and make payment for the same to the

petitioners.



(ABASAHEB D. SHINDE, J.)                   (NITIN B. SURYAWANSHI, J.)




SVH

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