Bombay High Court

BABURAO VITHAL SANAP AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The petition for rental compensation is not maintainable; such claims must be pursued before the Appropriate Authority.

Summary

The petitioners, Baburao Vithal Sanap and another, filed a writ petition seeking rental compensation for land that had been acquired, claiming entitlement from the date of possession until the award under the Land Acquisition Act. The High Court examined whether such a claim could be entertained through a writ petition. The Court held that the petition was not maintainable because the issue of rental compensation is already settled law and must be pursued through the appropriate statutory remedies. It observed that the petitioners have other remedies available before the Appropriate Authority. Consequently, the petition was disposed of, leaving the petitioners free to raise their grievance before the designated authority.

Issues considered

Whether a writ petition for rental compensation under the Land Acquisition Act is maintainable.
Whether the claim for rent from the date of possession to the award can be adjudicated by the High Court.

Legislation cited

Land Acquisition Act

Subjects

rental compensation
land acquisition
writ petition
maintainability
appropriate authority

Judgment

2026:BHC-AUG:656-DB




                                                  -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                   916 WRIT PETITION NO. 11673 OF 2017

                               BABURAO VITHAL SANAP AND ANOTHER
                                             VERSUS
                              THE STATE OF MAHARASHTRA AND OTHERS

              Mr.D.R.Jayabhar, Advocate for the petitioners.
              Mr.S.J.Salgare, AGP for the respondent/State.

                                     ( CORAM : KISHORE C. SANT AND
                                               SUSHIL M. GHODESWAR, JJ. )

                                        DATE : 8 JANUARY, 2026

              PER COURT :


              1.             This petition was filed seeking rental compensation for the

              land acquired, from the date of taking possession till the date of award

              passed under the Land Acquisition Act.        This Court do not find the

              petition to be maintainable.      The issue is already settled. In view of

              that, the petitioner has other remedies available in Law.



              2.             The petition, therefore, stands disposed off. The petitioner

              is at liberty to raise his grievances before the Appropriate Authority.


                   ( SUSHIL M. GHODESWAR, J.)                ( KISHORE C. SANT, J.)



              khs/Jan.2026/11673

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