Bombay High Court
NITIN GOPINATH NAVDEKAR AND ANR.versusCITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA THROUGH ITS MANAGING DIRECTOR AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The court held that the SLAO must act on CIDCO's acquisition proposal, commence acquisition within nine months, and CIDCO shall bear the compensation, including rental damages.
Summary
The petitioners claimed that CIDCO had occupied 690 sq. meters of their land in Village Owe, Raigad, to create a Central Park without their consent and sought either the return of the land or its acquisition with compensation, including rental damages. The court noted an additional affidavit from the Special Land Acquisition Officer (SLAO) confirming CIDCO's proposal to acquire the land. Relying on this, the court ordered SLAO to act on the acquisition proposal and to commence the acquisition process within nine months, with CIDCO cooperating and bearing the financial liability. The court further directed that compensation, including rental compensation for the period of unauthorized possession, be assessed in accordance with state policy and Supreme Court precedents. Accordingly, the writ petition was disposed with directions for expedited acquisition and compensation.
Issues considered
- Whether CIDCO's occupation of the petitioners' land without consent necessitates formal acquisition and compensation.
- Whether the petitioners are entitled to rental compensation for the period of unauthorized possession.
- Who bears the financial burden of the acquisition proceedings.
- Whether the SLAO must initiate and complete the acquisition within a specified timeframe.
Subjects
- Land acquisition
- Compensation
- Rental compensation
- Writ petition
- CIDCO
- Special Land Acquisition Officer
- Unauthorized possession
- Central Park
Judgment
912-WP-10513-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10513 OF 2017
Nitin Gopinath Navdekar and another … Petitioners
Versus
City and Industrial Development Corporation … Respondents
of Maharashtra and others
******
SWEETY
RAJU
BHALERAO Mr. Rahul Thakur, a/w Mr. Akshay Kamble, for Petitioners.
Digitally signed
by SWEETY
RAJU
Mr. Soham Salunke, h/f Mr. Ashutosh Kulkarni for Respondent No. 1–
BHALERAO
Date:
2026.10.01
CIDCO.
19:32:17 +0530
Mr. S.P. Kamble, AGP for Respondent/State.
******
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : 01st OCTOBER 2026.
PC:
1. Heard learned counsel for the parties.
2. The grievance of the petitioners is that 690 sq. meters of their land
located in Survey No. 244/3B of Village Owe, Taluka Panvel, District Raigad,
was utilized by Respondent - City and Industrial Development Corporation of
Maharashtra (CIDCO) for a Central Park abutting a road. The petitioners
have prayed for a direction against the respondents to hand over the said
piece of land and in the alternative, they have prayed for a direction to the
respondents to acquire the same and to pay compensation. The petitioners
also pray for payment of rental compensation/damages for utilization of
Bhalerao 1
912-WP-10513-2017.doc
their land without their consent from the date possession was taken.
3. In the light of orders passed by this Court on 11.08.2026, 27.08.2026
and 17.09.2026, Respondent No. 2, i.e the Special Land Acquisition Officer
(SLAO)/Deputy Collector (Acquisition), Metro Center No. 3, Panvel, has filed
an additional affidavit in the present writ petition.
4. In the said additional affidavit, it is specifically stated that on
12.02.2026, Respondent - CIDCO forwarded a proposal to Respondent No. 2
- SLAO for acquisition of various pieces of land, including the subject land
belonging to the petitioners. A perusal of the documents annexed to the
additional affidavit show that the subject land belonging to the petitioners is
indeed proposed to be acquired.
5. In view of the contents of the said additional affidavit filed on behalf
of Respondent No. 2 (SLAO), the writ petition can be disposed of by issuing
appropriate directions.
6. In view of the above, the writ petition is disposed of as follows:
(a) The Respondent No. 2 (SLAO) shall act upon the said
proposal submitted by Respondent - CIDCO for acquisition of
the subject land belonging to the petitioners, i.e. 690 sq.
meters in Survey No. 244/3B at Village Owe, Taluka Panvel,
District Raigad.
Bhalerao 2
912-WP-10513-2017.doc
(b) Respondent - CIDCO shall take all necessary steps for
ensuring that upon formal initiation of acquisition
proceedings by Respondent No. 2 (SLAO), the process of
acquisition is expedited and it is ensured that the amount of
compensation is made available for disbursal to the
petitioners.
(c) we direct Respondent No. 2 (SLAO) to immediately
commence the process of acquisition and to complete the
same within a period of 9 months from today. As directed
hereinabove, Respondent - CIDCO shall co-operate with
Respondent No. 2 (SLAO) to ensure that the award is
rendered within the said period of 9 months and the amount
of compensation is disbursed to the petitioners.
(d) The Respondent No. 2 (SLAO), while assessing the
amount of compensation in the acquisition proceedings, shall
also assess the amount payable to the petitioners towards
rental compensation/damages for the period between the
point in time when possession of the subject land was taken
till pronouncement of the award. The amount of rental
compensation/damages shall be determined as per the policy
of the State and/or judgments of the Supreme Court in that
Bhalerao 3
912-WP-10513-2017.doc
regard.
(e) Since the acquisition is for the benefit of Respondent -
CIDCO, it is the said Respondent - CIDCO that shall be
responsible for the financial implication of the acquisition
proceedings. In this context, we specifically refer to note
dated 25.11.2025 recorded in the documents filed with the
said additional affidavit, specifically stating that the financial
burden of the acquisition proceedings shall be borne by
CIDCO.
7. Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Bhalerao 4
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.