Bombay High Court
JOMA MAHADEV KOLIversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that CIDCO must deposit both the compensation and the interest with the Deputy Collector, who shall then disburse the amounts to the petitioner within the specified timeframes.
Summary
The petitioner, Joma Mahadev Koli, filed a writ petition seeking the disbursement of compensation for land acquired by CIDCO. The compensation amount had already been deposited with the Deputy Collector (Land Acquisition) at Panvel, awaiting execution. The court directed the Deputy Collector to release the amount to the petitioner within two weeks. The respondent CIDCO submitted a proposal for interest on the delayed payment, and the court ordered CIDCO to deposit the interest amount with the Deputy Collector within three weeks. Upon receipt, the Deputy Collector was instructed to disburse the interest to the petitioner within two weeks. The writ petition was subsequently disposed.
Issues considered
- Whether the compensation amount deposited with the Deputy Collector should be disbursed to the petitioner.
- Whether interest on delayed payment must be deposited by CIDCO and subsequently disbursed to the petitioner.
Subjects
- land acquisition
- compensation
- interest
- writ petition
- execution proceedings
- CIDCO
- Deputy Collector
Judgment
varsha 10-WP-5475-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5475 OF 2026
Joma Mahadev Koli .. Petitioner
V/S.
The State of Maharashtra Thru .. Respondents
Secretary and Ors
-------------------
Ms. Deepa Punde with Atharva Unde, for petitioner.
Mr. Soham Bhalerao i.by DSK Legal, for respondent / CIDCO.
Ms. M.S. Bane, AGP, for the State.
VARSHA --------------------
DEEPAK
GAIKWAD
Digitally signed by
CORAM : MANISH PITALE &
VARSHA DEEPAK
GAIKWAD
Date: 2026.10.09
10:36:50 +0530
SHREERAM V. SHIRSAT, JJ.
DATE : 8TH OCTOBER 2026.
PC:
1. When this petition is called out for hearing, it is brought to our
notice that the beneficiary of the acquisition, i.e. the respondent, the
City and Industrial Corporation of Maharashtra Limited (CIDCO) has
already deposited the compensation amount with the Deputy Collector
(Land acquisition), Metro Center No.1, Panvel, who in turn has
deposited the same before the reference court where the execution
proceeding initiated by the petitioner is pending. In that light the
reference court is directed to disburse the aforesaid amount to the
petitioner within two weeks from today.
2. We are further informed that recently on 5/10/2026 the
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varsha 10-WP-5475-2026.doc
respondent, Deputy Collector (Land acquisition), Metro Center No.1,
Panvel, has forwarded proposal to respondent CIDCO to deposit
specific amount towards interest on delayed payment.
3. The learned counsel for the respondent-CIDCO submits that if a
reasonable time period is granted, the said amount shall also be
deposited with the Deputy Collector (Land acquisition), Metro Center
No. 1, Panvel.
4. In view of the above, respondent CIDCO is directed to deposit
the amount stated in the proposal dated 5/10/2026 within a period of
three weeks with the Deputy Collector (Land acquisition), Metro
Center No.1, Panvel.
5. Once the said amount is received by the Deputy Collector s(Land
acquisition), Metro Center No.1, Panvel, the said authority shall
directly disburse the same to the petitioner within two weeks of such
deposit.
6. In view of the above, the writ petition is disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
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