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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