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Bombay High Court

ARJUN DAMU GULMKAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court ordered the acquisition authority to complete the proceedings and pass the award within six months, with compensation and interest payable as per law.

Summary

The petitioners, Arjun Damu Gulmkar and others, filed a writ petition seeking that the State of Maharashtra initiate land acquisition proceedings and pay compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The respondent State submitted a written communication indicating that the land had been acquired, a notification under section 19 of the Act had been published, and the matter was pending the final award, with sale deeds being retrieved for valuation. The High Court examined whether it could order the authority to complete the acquisition and award. Relying on the communication and the statutory provisions, the Court directed the parties to complete the acquisition proceedings and pass the award within six months, with payment of compensation and interest as per law. Accordingly, the writ petition was disposed.

Issues considered

  • Whether the High Court can order the State to complete the land acquisition proceedings and pass the compensation award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?

Legislation cited

Subjects

  • land acquisition
  • compensation
  • Right to Fair Compensation and Transparency in Land Acquisition Act, 2013
  • writ petition
  • High Court
  • section 19
  • award
  • interest

Judgment

2026:BHC-AUG:37216-DB




                                                (1)                     wp14141.21


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                          980 WRIT PETITION NO. 14141 OF 2021
                             ARJUN DAMU GULMKAR AND OTHERS
                                         VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS

           Mr. P.B. Patil, Advocate for the petitioners.
           Mr. K.N. Lokhande, AGP for the respondent-State.

                                           CORAM : KISHORE C. SANT &
                                                   JITENDRA JAIN, JJ.
                                           DATE  : 18.08.2026
           PC :-

           01.          Prayer in this petition is to direct the respondent Authority to

           initiate the proceeding for acquisition of land of the petitioner and to pay

           compensation as per the Right to Fair Compensation and Transparency in

           Land Acquisition, Rehabilitation and Resettlement Act, 2013.        Learned

           AGP has placed on record a written communication dated 18.08.2026

           sent to the learned AGP by Sub Divisional Officer and Land Acquisition

           Officer, Jalna. From the said communication, it is seen that the fact of

           acquisition of the land of the petitioner is accepted.    Notification under

           section 19 of the Act is also published and the matter is at the stage of

           passing final award. For the purpose of determination of the valuation,

           even copies of sale-deeds are called from the office of Sub-Registrar,

           Jalna. It is also stated that thereafter the proceeding would be concluded

           as per the law.
                                           (2)                     wp14141.21




02.                Considering the communication, this Court finds that this

petition can be conveniently disposed off by directing the parties to

complete the acquisition proceeding and pass award within a period of

six months from today.            Needless to say that the payment along with

interest would also be made as per law.



03.                This Writ Petition accordingly stands disposed off.




         [JITENDRA JAIN, J.]                     [KISHORE C. SANT, J.]


snk/2026/Aug26/wp14141.21


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