Bombay High Court

ABHIMAN KASHINATH SANAP AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY PANNING DEPARTMENT EGS

Disposal: DISPOSED OFF

Holding

The petition is allowed and the respondents must pay statutory interest under Section 80 of the 2013 Act.

Summary

Petitioners Abhiman Kashinath Sanap and others filed a writ petition before the Bombay High Court, Aurangabad bench, challenging the State of Maharashtra's failure to pay statutory interest on compensation awarded under the 2013 Land Acquisition Act. The core issue was whether the respondents were liable to pay interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Court noted that the matter had already been decided in Writ Petition No. 14392 of 2025 and relied on the precedent set in Hatim Fidaali Rajkotwala & Anr. v. Land Acquisition Officer (2023 (6) ALL MR 751). Applying the reasoning of the earlier decisions, the Court held that the statutory interest provision is mandatory where compensation is delayed. Consequently, the petition was allowed. The respondents were directed to pay the statutory interest within three months of receiving the order.

Issues considered

Whether the State of Maharashtra is liable to pay statutory interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the petitioners.

Legislation cited

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 80

Subjects

land acquisition
statutory interest
Right to Fair Compensation Act
writ petition
compensation delay

Judgment

2026:BHC-AUG:39674-DB


                                                   {1}                    1-wp-3824-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                      1 WRIT PETITION NO. 3824 OF 2026
                              Abhiman Kashinath Sanap And Others
                                             VERSUS
                               The State Of Maharashtra and Others
                                                ...
              Mr. Shashikant Shekade, Advocate for the Petitioners
              Mr. V.M. Kagne, AGP for State
                                              .......
                                    CORAM : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.
                                             DATE : 31st AUGUST, 2026
              PER COURT :

              1.       The issue raised in this petition is squarely covered by the order
              passed by this Court on 02.12.2025 in Writ Petition No. 14392 of 2025
              and decision rendered at Principal Seat in Hatim Fidaali Rajkotwala &
              Anr. v/s. Land Acquisition Officer, Collector and District Magistrate,
              Mumbai City & Anr. (2023 (6) ALL MR 751).

              2.       For the reasons stated in the above referred decisions, the writ
              petition is allowed.

              3.       Respondents are directed to pay statutory interest to the
              Petitioners as payable under Section 80 of the Right to Fair
              Compensation and Transparency in Land Acquisition, Rehabilitation and
              Resettlement Act, 2013, within three months from the date of receipt
              of copy of this order.



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

              Bhagyawant Punde

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