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Bombay High Court

RAOSAHEB VITHAL VANVE DIED THROUGH LRS RAHIBAI RAOSAHEB VANVEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed for inordinate delay and lack of merit.

Summary

The petitioner sought a writ of mandamus directing authorities to measure a parcel of land (Gat No. 106) that had been acquired for a road project. The land was taken into possession in August 1979, with acquisition notifications issued under Sections 4 and 6 of the Land Acquisition Act and a final award passed on 22 February 1989. The petitioner neither filed a claim in response to the Section 9(3) notice nor accepted compensation or raised objections after the Section 12(2) notice. After more than 30 years, the petitioner approached the court, which held that the petition was barred by inordinate delay and lapsed, and dismissed it as devoid of merit.

Issues considered

  • What is the effect of a delay of over 30 years on a petition seeking mandamus for land measurement under the Land Acquisition Act?
  • Whether the petitioner’s failure to file a claim or objection under Sections 9(3) and 12(2) bars the relief sought?

Legislation cited

Subjects

  • land acquisition
  • mandamus
  • delay
  • statutory notice
  • compensation
  • measurement of land
  • section 9(3)
  • section 12(2)

Judgment

2026:BHC-AUG:14444-DB

                                                                  907 WRIT PETITION NO. 1837 OF 2020



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             907 WRIT PETITION NO. 1837 OF 2020

              RAOSAHEB VITHAL VANVE DIED THROUGH LRS RAHIBAI RAOSAHEB
                                        VANVE
                                       VERSUS
                       THE STATE OF MAHARASHTRA AND OTHERS

                                                 …
             Adv. Naikwade Shivaji K. for the Petitioner
             Mr. N. D. Batule, AGP for State
                                                 …


                                    CORAM : NITIN B. SURYAWANSHI AND
                                            VAISHALI PATIL-JADHAV, JJ.

                                    DATE       : 02.04.2026

             PER COURT:


             1.    By this petition, the petitioner seeks following reliefs :

                   “A] This writ petition may kindly be allowed.
                   B]     By issuing the writ of mandamus or any other writ in the
                   like nature, this Hon’ble Court may kindly be directed to the
                   respondent authorities, to measure the land in gat no. 106 of the
                   petitioner situated at village Bordevi Tanda, Tq. and Dist. Beed
                   acquired for the construction of Mhalasjawala-Pimpalner-Surdi
                   road in Tq. and Beed District.
                   C]     Any other equitable and suitable relief in favour of the
                   petitioner may kindly be granted.”


             2.    Affidavit-in-reply is filed by respondent – Special Land Acquisition

             Officer. It is a matter of record that possession of the petitioner’s land

             was taken in the month of August 1979, and thereafter, by following the

             due procedure of law, an award came to be passed on 22.02.1989 by the
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                                                   907 WRIT PETITION NO. 1837 OF 2020



Land Acquisition Officer. Prior to the acquisition, a joint measurement

was carried out. Notification under Section 4 was published in the

Government Gazette on 27.02.1986 and under Section 6 on 09.04.1987.

On the basis of the said notifications, an area admeasuring 0.24 R from

Gat No. 106 came to be acquired.



3.     After declaration of the final award under Section 11 of the Land

Acquisition Act on 22.02.1989, notice under Section 9(3) of the Act was

issued to all interested persons. However, the petitioner did not file any

claim in response to the said notice. Thereafter, notice under Section

12(2) was issued on 23.05.1990; however, the petitioner neither

accepted the compensation nor raised any objection and/or filed a

reference.



4.     In this view of the matter, since the petitioner has approached this

Court after a delay of more than 30 years, we are not inclined to

entertain the petition on the ground of inordinate delay and latches. For

the aforesaid reasons, the Writ Petition, being devoid of merits, stands

dismissed.



[VAISHALI PATIL-JADHAV, J.]                 [NITIN B. SURYAWANSHI, J.]




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