Bombay High Court
LAXMAN RAMSING RATHOD AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed as the respondents undertook to pay the compensation within three months.
Summary
The petitioners filed a writ petition seeking a declaration of the award of their 1.80 hectare land (Gut No.65) acquired under the Old Land Acquisition Act, 1894, and direction for the payment of compensation. The respondents, through the Sub‑Divisional Officer and Land Acquisition Officer, informed the Court that the award under Section 11 had been declared on 8 February 2013 and that the petitioners had consented to a direct purchase via private negotiations, which was approved by the District Level Committee on 31 May 2019. The respondents further stated that the compensation amount would be released to the petitioners within three months of the hearing. The learned AGP recorded this undertaking as an undertaking to the Court. The Court, satisfied with the respondents' undertaking, disposed of the writ petition. No further directions were issued beyond the undertaking to pay compensation within the stipulated period.
Issues considered
- Whether the Court should direct the declaration of the award of the acquired land under Section 11 of the Old Land Acquisition Act, 1894
- Whether the Court should order the respondents to deposit the compensation amount for the acquired land
Legislation cited
- Old Land Acquisition Act, 1894 — s. 11
Subjects
- land acquisition
- compensation
- award declaration
- Section 11
- direct purchase
- writ petition
Judgment
2026:BHC-AUG:42985-DB
76.wp.12836.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12836 OF 2022
Laxman Ramsing Rathod and Others ...Petitioners
Versus
The State of Maharashtra and Others ...Respondents
***
Mr. Lute Sandeep N., Advocate for the Petitioners.
Mr. N. D. Batule, AGP for Respondent – State.
***
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 16th SEPTEMBER 2026.
PER COURT :
1. By this petition, the Petitioners seek direction to the
Respondents to declare an award of their acquired land bearing Gut
No.65, situated at village Rathod Nagar, Tq. And Dist. Jalna
admeasuring 1.80 Hectors. A direction is also sought to deposit the
compensation amount of the acquired land.
2. By filing affidavit-in-reply, Respondent No.3 – Sub
Divisional Officer and Land Acquisition Officer has stated that the
award under Section 11 of the Old Land Acquisition Act, 1894 was
declared on 08th February 2013, the Petitioners have given consent to
the process of direct purchase with private negotiations. The same
was approved by the District Level Committee on 31 st May 2019. The
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76.wp.12836.2022.doc
proposal seeking amount of compensation is forwarded to Respondent
No.2. It is further stated that as soon as compensation amount
received from the higher authority, the same will be paid to the
Petitioners as early as possible as per the law.
3. The learned AGP, on instructions from Respondent No.3,
states that the compensation amount will be paid to the Petitioners
within three months from today.
4. By recording the said statement, as an undertaking to this
Court, the writ petition is disposed of.
( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. )
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