Bombay High Court
HARIRAM PATILBUVA KENDRE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court allowed the petitioners to withdraw their respective shares of the deposited amount and directed them to file any further claim under Section 64 of the 2013 Act.
Summary
The petitioners sought a writ of mandamus to compel the State to complete land acquisition proceedings and pay compensation under Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, together with interest under Section 80, for land earmarked for a percolation tank. The Court had earlier ordered the Collector to deposit Rs 50,00,000, which was duly deposited. The respondents argued that the acquisition took place before the 2013 Act came into force and that, under Section 24(2), compensation should be calculated according to Sections 26‑30 based on the three years preceding 1 January 2014. The petitioners contested this calculation. The Court disposed of the writ by permitting the petitioners to withdraw their respective shares of the deposited amount and advised them that they may pursue any further claim under Section 64 of the Act.
Issues considered
- Whether a writ of mandamus can be issued to compel payment of compensation under Section 25 of the 2013 Act for land acquired before the Act’s commencement.
- Whether Section 24(2) of the 2013 Act governs the calculation of compensation for pre‑Act acquisitions.
- Whether interest under Section 80 of the 2013 Act is payable in the present case.
- Whether the petitioners may withdraw the deposited amount and subsequently file proceedings under Section 64 of the Act.
Legislation cited
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 24(2), 25, 26, 27, 28, 29, 30, 64, 80
Subjects
- land acquisition
- compensation
- mandamus
- Right to Fair Compensation Act
- interest
- Section 64
- Section 24(2)
- percolation tank
- withdrawal of amount
Judgment
2026:BHC-AUG:37397-DB
1 209-WP-1352-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1352 OF 2026
HARIRAM PATILBUVA KENDRE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Shashikant E. Shekade, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 17th AUGUST, 2026
PER COURT :
1. This petition is filed seeking following reliefs:-
“B. Issue Writ of mandamus or any other appropriate writ
or order against respondents to complete the acquisition
proceeding and to pay the compensation for the award
which by passed U/Sec. 25 of the Right to Fair
Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013 in respect of
acquired lands of the Petitioners as described in para No.3
of the Writ Petition which is used for the Percolation Tank
No.4, Kendrewadi, Tq. Ambajogai, Dist. Beed.
C. The respondents be directed to pay amount of interest
payable u/sec.80 of the Act, 2013 in File No.01/1997.“
2. By order dated 11/03/2026, this Court directed
respondent No.3 Collector, Beed to deposit amount of
Rs.50,00,000/- in this Court within a period of six weeks from the
date of order. Pursuant to the said order the amount is deposited.
3. Respondent Nos.3 and 4 have filed affidavit-in-reply
contending that since the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
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2 209-WP-1352-26.odt
Act, 2013 (for short ‘the said Act’) was implemented from
01/01/2014 and possession was already taken but amount of
compensation was not paid within 5 years from commencement of
the said Act, and award was passed prior to 01/01/2014 under the
old Land Acquisition Act, in view of Section 24(2) of the said Act,
respondent No.4 has calculated the amount of compensation as per
Sections 26 to 30, considering the three years prior to 01/01/2014.
The chart showing E-Statement is placed on record at Exhibit-R-2.
Accordingly, requisition for amount of compensation to be disbursed
to the petitioners is forwarded to respondent No.3 on 23/03/2026.
4. Learned AGP, on instructions, submits that the amount
is deposited in this Court. Learned advocate for petitioners disputes
the calculations made by the respondents. Be that as it may.
5. The writ petition is disposed of by granting permission
to the petitioners to withdraw the amount of their respective shares.
Petitioners are at liberty to file proceedings under Section 64 of the
said Act.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
SVH
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