Bombay High Court

JAISINGH DHAIRYASHEEL SOLANKE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court directed the respondents to forward a proposal for acquisition within three months and to complete the acquisition process in accordance with the Right to Fair Compensation Act, 2013.

Summary

The petitioners, agricultural landowners, claim that their lands were acquired for the Beed‑Malsjawala‑Pimpalner‑Surdi‑Majalgaon highway in 1990 but no compensation has been paid. They filed a writ petition seeking directions for acquisition and compensation under the Right to Fair Compensation Act, 2013. The Court relied on its earlier order in Writ Petition No. 2493 of 2018, which directed the relevant authorities to forward a proposal for acquisition within a specified period. Accordingly, the Court ordered the newly added respondent (Executive Engineer, Public Works Division, Beed) to forward a proposal for acquisition within three months, after which the other respondents must initiate acquisition proceedings within three months and complete them as per the Act. The petition is disposed with these directions.

Issues considered

Whether the respondents are required to forward a proposal for acquisition of the petitioners' lands under the Right to Fair Compensation Act, 2013
Whether the acquisition proceedings must be initiated and completed within the time‑frames prescribed by the Court

Legislation cited

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Subjects

land acquisition
compensation
Right to Fair Compensation Act
highway project
writ petition
High Court

Judgment

2026:BHC-AUG:43347-DB


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                 drp
                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD

                                  WRIT PETITION NO.13294 OF 2023

                 Jaisingh Dhairyasheel Solanke and Others                PETITIONERS

                         VERSUS

                 The State of Maharashtra and Others                    RESPONDENTS

                                               .......
                 Mr. Vishal S. Kadam, Advocate for the Petitioners
                 Mr. B. B. Bhise, AGP for Respondent - State
                 Ms. Sangita M. Sonpethkar, Advocate for Respondent No.4
                                               ....…

                               [CORAM : NITIN B. SURYAWANSHI, &
                                        ABASAHEB D. SHINDE, J. J.]

                                       DATE : 23rd SEPTEMBER, 2026

                 ORDER :

                 1.      Leave to add the Executive Engineer, Public Works Division,

                 Beed as a party Respondent. Amendment                 be carried out

                 forthwith. Learned AGP waives service for added Respondent

                 No.5.


                 2.      It is the case of the Petitioners that their agricultural lands

                 are acquired by the Respondents for Highway Beed-Malsjawala-

                 Pimpalner-Surdi-Majalgaon in 1990, however, till today no

                 compensation is paid to the Petitioners. Hence, the Petitioners

                 have approached this Court.
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3.        By relying on the order dated 15th April, 2019 passed by

this Court in Writ Petition No. 2493 of 2018, which was filled by

the similarly situated agriculturists like the Petitioners, who were

also affected by the same acquisition, the Petitioners claim the

relief.


4.        In    the   said   matter,     this   Court    has    made     following

observations:


          “1.    The petitioners are seeking directions for the acquisition of
          their land. According to the petitioners the Special Land Acquisition
          Officer has already directed respondent No.2 to forward the proposal
          for acquisition. The same is also admitted by respondent No.4 in the
          affidavit filed by the Deputy Engineer, Zilla Parishad Bhandhkam
          Sub Division, Majalgoan, Dist-Beed.

          2.     In case, land of the petitioners is affected under the
          acquisition as contended, then respondent No.4 shall forward
          proposal for acquisition of the land, that may be affected, within a
          period of four months from today.

          3.     Upon the proposal being received, respondent Nos.2 and 3
          shall initiate acquisition proceeding within a period of three months
          thereafter and complete it within a period stipulated under the Right
          to Fair Compensation Act, 2013”


5.        In the light of the above order, the Writ Petition is disposed

of by directing the Respondents that in case the lands of the

Petitioners are affected under the acquisition, as contended by
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them,    then   Respondent    No.5     shall   forward   proposal   for

acquisition of the lands which may be affected, within a period of

3 months from today. Upon the proposal being received,

Respondents No.2 an 3 shall initiate the acquisition proceedings,

within a period of 3 months thereafter and complete the same

within   the    period   stipulated    under    the   Right   to    Fair

Compensation Act, 2013.




[ ABASAHEB D. SHINDE ]                    [ NITIN B. SURYAWANSHI ]
       JUDGE                                         JUDGE

drp/wp13294-23.doc

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