Bombay High Court
SHANKAR TUKARAM CHAVAN AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court recorded the respondent’s affidavit as an undertaking and disposed of the petition, holding that no further judicial direction is required while the statutory acquisition process is in progress.
Summary
The petitioners filed a writ petition seeking a court order directing the State to acquire their lands as per proposals dated 26/03/2015 and to pay compensation. The respondents submitted an affidavit stating that the acquisition process is proceeding under the Land Acquisition Act, 2013, with Section 11(1) and Section 19 notifications already published in the Government Gazette and that the final award is pending a statutory two‑month period. They also detailed the status of private negotiation for another parcel of land, indicating that rates have been fixed and no objections have been received. The Court recorded the respondent’s statements as an undertaking and, finding that the statutory procedure is being followed, disposed of the petition without ordering any immediate acquisition or compensation. Consequently, the petition was dismissed.
Issues considered
- Whether the High Court can compel the State to acquire land and pay compensation when the statutory acquisition process is already underway
- Whether the publication of Section 11(1) and Section 19 notifications satisfies the procedural requirements under the Land Acquisition Act, 2013
Legislation cited
- Land Acquisition Act, 2013 — s. 11(1), 19
- Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Subjects
- land acquisition
- compensation
- writ petition
- statutory compliance
- government gazette
- private negotiation
- rehabilitation and resettlement
Judgment
2026:BHC-AUG:9319-DB
1 34-WP-12495-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12495 OF 2019
SHANKAR TUKARAM CHAVAN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Prakashsing B. Patil, Advocate for the Petitioners
Mr. S. R. Wakle, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI AND
VAISHALI PATIL JADHAV, JJ.
DATE : 04th MARCH, 2026
PER COURT :
1. By this petition, petitioners seek directions to the
respondents to acquire their lands mentioned in the proposals dated
26/03/2015 and pay them compensation.
2. A3davit-in-reply is 5led on behalf of respondent No.4 on
05/01/2026, wherein following statements are made,
“Village Kumbharzhari – 40R Land:
2. ….
3. I say and submit that, after receiving the le, as per the
Land Acquisition Act, 2013, Section 11(1) Noti cation was
published on the Government Gazette January 25-31, 2024.
4. I say and submit that, as per the Land Acquisition Act,
2013, Section 19 Noti cation was published on the
Government Gazette / December/January 26-01, 2024/2025.
5. I say and submit that as per communication received
from Collector O8ce letter Jaa. Kra. 2025/ Bhoosampadan
Samnvaya-1/Kavi-1019, dated 02.01.2026, to this o8ce, for
the publication of Final Award 6 month time extension has
been given.
Village Kumbharzhari – 1 Hec. 13 R Land:
7. I say and submit that, the proposal for land acquisition
in the village Kumbharzari, Tal. Jafrabad, Dist. Jalna for
acquiring 1 Hec. 13 R of land, based on the Right To Fair
Compensation & Transparency in Land Acquisition,
SVH
2 34-WP-12495-19.odt
Rehabilitation and Resettlement Act, 2013 was received from
the Collector O8ce, Jalna by the Sub-Divisional O8ce,
Bhokardan on 30.10.2023.
8. I say and submit that after receiving the le, as per the
Land Acquisition Act 2013, Section 11(1) Noti cation was
published in the Government Gazette March 13-19, 2025,
9. I say and submit that, as per the Land Acquisition Act,
2013. the le is at present in the Section 19 publication
stage.
10. I say and submit that, therefore, Section 19 noti cation
will be published within two month and after the publication
of the Section 19 noti cation, the nal award can be
declared, as per the statutory provision.
Village Aland:
11. I say and submit that, the proposal for land acquisition
in the village Aaland, Tal. Jafrabad, Dist. Jalna for acquiring 2
Hec.73 R of land, based on the Private Negotiation, was
received from the Collector O8ce, Jalna by the Sub-
Divisional O8ce, Bhokardan on 12.01.2023.
12. I say and submit that, the le was approved by the
Private Negotiation Rate Determination Committee headed
by the District Collector, Jalna District on 04.12.2024 for an
amount of Rs. 1,63,80,000/-.
13. I further say and submit that, as per the rates decided
by the committee and now the deponent o8ce already
calculated the E-statement of individuals person and nal
amount is also calculated to be given by way of private
negotiations to all the concerns. I further say and submit
that, till this date no objection has been received by the
deponent o8ce about the rates and all are ready for private
negotiations award and further process of execution of sale
deed is to be done by the acquiring body at their level. The
copy of E-statement and communication given to the
acquiring body dated 21.02.2025 are annexed herewith and
marked as EXHIBIT-R-1 Colly.
14. I say and submit that, upon receiving the fund from the
Concerned acquiring agency the same will be distributed.”
3. By recording the above statements as undertaking to
this Court, the writ petition is disposed of.
(VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.)
SVH
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