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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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