Bombay High Court

SUDAM DHONDIRAM RATHOD AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE VAISHALI PATIL JADHAV

Holding

The petition is disposed of, and the petitioners are directed to avail themselves of the remedy under Section 64 of the 2013 Act for the interest component.

Summary

The petitioners, Sudam Dhondiram Rathod and others, filed a writ petition seeking a direction for the State of Maharashtra to pay compensation for their lands acquired at Khoradsawangi, Jalna, alleging that the interest component of the awarded compensation was not paid. The State, through its Advocate General, submitted a communication stating that the compensation amount had been demanded from the State Government and would be disbursed upon receipt. The Court noted that there was no dispute that an award had been passed; the grievance was limited to the alleged non‑payment of interest. It held that the petitioners could accept the compensation amount, if paid, under protest and could pursue the appropriate remedy under Section 64 of the 2013 Act concerning the quantum of compensation and interest. Consequently, the petition was disposed of, with liberty granted to the petitioners to invoke Section 64 of the Act.

Issues considered

The petitioners' claim that the State has failed to pay the proper interest component on the awarded compensation.
Whether the High Court can direct the State to pay the compensation and interest, or whether the petitioners must pursue the remedy under Section 64 of the 2013 Act.

Legislation cited

Act of 2013 — s. 64

Subjects

land acquisition
compensation
interest
Section 64
writ petition
High Court of Bombay
Maharashtra

Judgment

2026:BHC-AUG:24575-DB


                                     1                   34 wp 2735-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           34 WRIT PETITION NO. 2735 OF 2026

                       SUDAM DHONDIRAM RATHOD AND OTHERS
                                         VERSUS
            THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                         OTHERS
                                            ...
            Mr. Sandeep N. Lute, Advocate for the Petitioners
            Mr. A. S. Shinde, AGP for Respondent-State
                                            ….

                                   CORAM : SANDIPKUMAR C. MORE AND
                                           VAISHALI PATIL-JADHAV, JJ.

                                   DATED : 22/06/2026
            P. C. :

            1.    Heard.

            2.    By way of the present petition, the petitioners seek a direction
            to the respondents to pay compensation in respect of their acquired
            lands situated at Village Khoradsawangi, Taluka Mantha, District
            Jalna, in accordance with the provisions of the Act of 2013. The
            principal grievance of the petitioners appears to be regarding non-
            payment of the proper interest component on the awarded
            compensation.

            3.    The learned AGP has placed on record a communication
            dated 05.02.2026 stating that the requisite amount towards the
            award has already been demanded from the State Government and
            that the same shall be disbursed as and when it is received.

            4.    There is no dispute that an award has been passed in the
            present matter. The grievance of the petitioners is confined to the
            alleged non-payment of the proper interest amount. For that
                              2                 34 wp 2735-26

purpose, the petitioners may accept the compensation amount,
whenever paid, under protest and take appropriate steps under
Section 64 of the Act of 2013 in respect of their grievance regarding
the quantum of compensation and interest.

5.           In view of the above, the petition stands disposed of with
liberty to the petitioners to avail of the remedy available under
Section 64 of the Act of 2013.




( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

VS Maind/-

Continue reading with your account

Checking your session…