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Bombay High Court

MARIYA KAIZER LAKDAWALAversusSTATE OF MAHARASHTRA SUMMONS TO BE SERVED UPON THE LD. GOVERNMENT PLEADER

Decided
Disposal
DISPOSED OFF

Holding

The writ petition is dismissed, with liberty granted to the petitioners to pursue other legal remedies for enhancing the compensation.

Summary

Petitioners Mariya Kaizer Lakdawala and another filed a writ petition challenging the quantum of compensation awarded by the respondents on 30 July 2026, alleging calculation errors. The High Court noted that substantial compliance had already been recorded with the award. While acknowledging the petitioners' grievance, the Court held that any challenge to the compensation amount must be pursued through the appropriate legal avenues rather than by the writ petition. Consequently, the petition was disposed of, granting the petitioners liberty to seek enhancement of compensation through other remedies. All pending applications, if any, were also disposed of.

Issues considered

  • Whether the writ petition can be entertained to challenge the quantum of compensation awarded under the award dated 30/07/2026
  • Whether the Court can intervene to alter the compensation calculation in the award

Subjects

  • compensation
  • award
  • writ petition
  • substantial compliance
  • legal remedy
  • quantum of compensation

Judgment

                                                             1
                                                                                 909-WP-1240-2024.doc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           ORDINARY ORIGINAL CIVIL JURISDICTION

                                             WRIT PETITION NO. 1240 OF 2024
                                                         WITH
                                        INTERIM APPLICATION (L) NO. 25042 OF 2024

                      Mariya Kaizer Lakdawala and Another                   …Petitioners
                            Versus
                      State of Maharashtra and Others                       …Respondents

                                                     ******
                      Mr. Rahul Karnik (through VC), for the Petitioners
                      Mr. Manish Upadhye, AGP for Respondent Nos. 1 to 3 and 6.
VISHAL
                      Mr. Akshay Shinde, for Respondent No. 4.
SUBHASH               Ms. Anuja Tirmali i/b. Ms. Komal Punjabi, for Respondent No. 5-BMC.
PAREKAR
Digitally signed by
                      Mr. Ajay Vishwakarma i/b. Bushra Sayed, for Respondent Nos. 8 and
VISHAL
SUBHASH
PAREKAR
                      10 to 12.
Date: 2026.08.18
18:56:27 +0530                                       ******
                                              CORAM : MANISH PITALE AND
                                                          SHREERAM V. SHIRSAT, JJ.

                                                   DATE       : 18th AUGUST, 2026

                      P.C. :

                      1.          This Court had already recorded in the order dated 05/08/2026

                      that substantial compliance was ensured by the respondents by

                      passing an award dated 30/07/2026. Copy of the award was taken on

                      record on the said date.


                      2.          The learned counsel for the petitioners submits that there are

                      glaring errors in the manner in which the quantum of compensation

                      has been calculated. We are of the opinion that if there is any

                      Vishal Parekar                                                                    ….1
                                         2
                                                               909-WP-1240-2024.doc


grievance in that regard, the petitioners will always be at liberty to

take recourse to the avenues available in law to seek enhancement of

compensation.


3.          In view of the above, the writ petition is disposed of with liberty

to the petitioners to take such steps as available in law with regard to

their grievance about the calculation of quantum of compensation in

the award dated 30/07/2026.


4.          Pending applications, if any, also stand disposed of.




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




Vishal Parekar                                                                        ….2


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