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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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