Bombay High Court

MANIK PADAM AAPET AND ANOTHERversusSTATE OF MAHATRASHTRA THROUGH THE SECRETARY

Disposal: DISPOSED OFF

Holding

The Court held that the petitioners should seek relief by filing a reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Summary

Manik Padam Aapet and another filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging actions of the State of Maharashtra. The petitioners sought relief concerning land acquisition matters, though the specific grievance was not detailed in the excerpt. The Court examined whether the petitioners could obtain direct relief through the writ or whether they must pursue the statutory remedy provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Relying on the provisions of Section 64, the Court concluded that the appropriate avenue was to approach the Competent Authority with a reference under that section. Accordingly, the petition was disposed, and the petitioners were granted liberty to seek an alternate efficacious remedy under the Act.

Issues considered

Whether the petitioners are entitled to relief through the writ petition or must pursue the statutory remedy under the 2013 Act
Whether the Court can direct the petitioners to file a reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Legislation cited

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 64

Subjects

land acquisition
Right to Fair Compensation
Section 64
writ petition
Bombay High Court
alternative remedy

Judgment

2026:BHC-AUG:37781-DB


                                                   {1}                    4-wp-3778-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                      4 WRIT PETITION NO. 3778 OF 2026

                                 Manik Padam Aapet And Another
                                             VERSUS
                           State Of Maharashtra Through The Secretary
                                                ...
              Mr. Amol Gaikwad h/f Mr. S.E. Shekade, Advocate for the Petitioners
              Mr. S.R. Wakle, AGP for State
                                              .......

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.


                                             DATE : 19th AUGUST, 2026
              PER COURT :

              1.       The Writ Petition is disposed of by granting liberty to the

              Petitioners to avail alternate efficacious remedy by approaching the

              Competent Authority by filing reference under Section 64 of Right To

              Fair Compensation and Transparency in Land Acquisition, Rehabilitation

              and Resettlement Act, 2013.



              (ABASAHEB D. SHINDE, J.)                   (NITIN B. SURYAWANSHI, J.)




              Bhagyawant Punde

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