Bombay High Court
BABURAO AMBADAS PADAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed on the ground of delay and laches.
Summary
The petitioners, former landowners affected by the Tembhapuri Medium Project, filed a writ petition seeking quashing of a government letter, allocation of alternative land, and compensation for land acquired between 1981 and 1987. They relied on a 1974 Government Resolution and argued that the respondents had not provided suitable rehabilitation. The High Court noted that a similar petition (Writ Petition No. 6195 of 2013) had been rejected after a delay of more than 15 years. In the present case, the petitioners approached the court after a 32‑year delay. The Court held that the petition was barred by delay and laches and therefore dismissed it. No substantive examination of the merits of the land‑acquisition or compensation claims was undertaken.
Issues considered
- Whether the writ petition seeking quashing of the government letter, allocation of alternative land, and compensation is maintainable after a delay of 32 years.
Subjects
- delay
- laches
- land acquisition
- writ petition
- certiorari
- mandamus
- rehabilitation
Judgment
2026:BHC-AUG:31689-DB
*1* 75-wp-2957-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
75 WRIT PETITION NO. 2957 OF 2023
Baburao Ambadas Padar And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. S. K. Adkine, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 27th JULY 2026
P. C. :-
1. By this petition, the petitioners seek following main
prayers :-
“C The impugned letter bearing Outward No. 2021
Rehabilitation/Desk-3/Kavi-530 dated 17.11.2022 issued by
respondent No. 3 may kindly be quashed and set aside by
issue of writ of certiorari or any other appropriate writ, order
or directions.
D. The respondents may kindly be directed to allot the
alternative land to the petitioners as a Project Affected Persons
from Tembhapuri Medium Project and petitioners may kindly
be allotted the Government land which is available in the
Gangapur Taluka at village Bhendala for their livelihood and
survival.
AND/OR
E. The respondents may kindly be directed to give the
petitioners suitable compensation of acquired land by issue of
writ of mandamus or any other appropriate writ, order or
directions.
2. Admittedly, the lands of the petitioners are acquired for
the period 1981 to 1987. By relying on the Government
Narwade
*2* 75-wp-2957-2023
Resolution dated 01.06.1974, the petitioners have approached
this Court with the aforesaid prayers. This Court in Writ Petition
No.6195 of 2013 and other connected petitions, in similar facts
has rejected the petitions, in which the petitioners had
approached with identical prayers after a delay of more than 15
years.
3. In the case in hand, the petitioners have approached this
Court after 32 years delay. The Writ Petition is therefore,
dismissed on the ground of delay and laches.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Narwade
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