Bombay High Court

HARIBHAU LAXMAN BHARTIversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The Court directed the respondent SDO to decide the petitioner's representation within four weeks and to endeavour to pay the awarded compensation within eight weeks.

Summary

Haribhai Laxman Bharti claimed that his land was taken in 2004 and an award for compensation was passed on 15 December 2022, but no compensation had been paid. He filed a representation with the Sub-Divisional Officer on 22 April 2025, which remained pending. The petitioner approached the High Court seeking directions for payment of compensation. The Court noted the undue delay and ordered the respondent SDO to decide the representation within four weeks and to make an endeavour to pay the compensation within eight weeks. The writ petition was disposed with these directions.

Issues considered

What relief is available to a landowner when compensation awarded under a land acquisition is not paid?
Whether the High Court can direct the administrative authority to decide a pending representation and expedite payment of compensation.

Subjects

land acquisition
compensation
writ petition
administrative delay
high court directions

Judgment

2026:BHC-AUG:42970-DB
                                                    1                         181.doc



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD
                           181 WRIT PETITION NO. 12914 OF 2025

                             HARIBHAU LAXMAN BHARTI
                                     VERSUS
                     THE STATE OF MAHARASHTRA AND ANOTHER
                                              ...


           Advocate for the Petitioner : Mr. Yogesh C. Patil h/f Mr. More Abhijit S.
                         AGP for Respondent/State : Mr. N.D. Batule
                                               …

                                            CORAM       : NITIN B. SURYAWANSHI AND
                                                          ABASAHEB D. SHINDE, JJ.
                                              DATE      : 21.09.2026

               PER COURT :
               .        Though, the possession of the land of the petitioner is taken way
               back in the year 2004 and the award is passed on 15.12.2022, however,
               till date no compensation is paid to the petitioner.

               2.       The petitioner, therefore, made a representation to respondent
               No.2/SDO on 22.04.2025. The same is not yet decided.

               3.       Writ Petition is, therefore, disposed of by directing respondent
               No.2 to decide the representation of the petitioner within a period of
               four (04) weeks from the date of receipt of copy of this order and to
               make an endeavour to pay compensation to the petitioner within a
               period of eight (08) weeks from the date of receipt of copy of this
               order.



               ( ABASAHEB D. SHINDE, J. )                ( NITIN B. SURYAWANSHI, J. )
   vsj..

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