Bombay High Court

DILIP AMARSING RATHOD AND ANOTHERversusTHE STATE OF MAHARASHTRA SECRETARY OF EMPLOYMENT GUARANTEE SCHEME DEPARTMENT AND OTHER

Disposal: DISPOSED OFF

Holding

The petitioners are entitled to statutory interest on the compensation payable under Section 80 of the 2013 Act.

Summary

Petitioners Dilip Amarsing Rathod and another filed a writ petition challenging the handling of compensation in a land acquisition matter. The Court noted that the issues raised were already addressed in its earlier order dated 02.12.2025 in Writ Petition No. 14392 of 2025 and in the precedent Hatim Fidaali Rajkotwala & Anr. v. Land Acquisition Officer, Collector and District Magistrate, Mumbai City & Anr. (2023 (6) ALL MR 751). Relying on the reasoning in those decisions, the Court held that the petitioners were entitled to statutory interest on the compensation due. Accordingly, the writ petition was allowed. The respondents were directed to pay the statutory interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within three months of receiving the order.

Issues considered

Whether the petitioners are entitled to statutory interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Whether the earlier order and the Hatim Fidaali precedent govern the present petition

Legislation cited

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 80

Subjects

land acquisition
statutory interest
compensation
Right to Fair Compensation Act
writ petition

Judgment

2026:BHC-AUG:39668-DB


                                                   {1}                  44-wp-10746-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     44 WRIT PETITION NO. 10746 OF 2026

                                Dilip Amarsing Rathod And Another
                                              VERSUS
                               The State Of Maharashtra And Others
                                                 ...
              Mr. D.K. Thote, Advocate for the Petitioners
              Mr. B.B. Bhise, AGP for State
                                               .......
                                     CORAM : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.
                                             DATE : 31st AUGUST, 2026
              PER COURT :

              1.       The issue raised in this petition is squarely covered by the order
              passed by this Court on 02.12.2025 in Writ Petition No. 14392 of 2025
              and decision rendered at Principal Seat in Hatim Fidaali Rajkotwala &
              Anr. v/s. Land Acquisition Officer, Collector and District Magistrate,
              Mumbai City & Anr. (2023 (6) ALL MR 751).

              2.       For the reasons stated in the above referred decisions, the writ
              petition is allowed.

              3.       Respondents are directed to pay statutory interest to the
              Petitioners as payable under Section 80 of the Right to Fair
              Compensation and Transparency in Land Acquisition, Rehabilitation and
              Resettlement Act, 2013, within three months from the date of receipt
              of copy of this order.



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

              Bhagyawant Punde

Continue reading with your account

Checking your session…