Bombay High Court
RAMU ALIAS RAMCHANDRA DAJI POTE THROUGH LHRS MADHUKAR RAMU POTE AND ANRversusTHE DEPUTY COLLECTOR (REHABILITATION) AND ORS
- Disposal
- Disposed Off
Holding
The petition is dismissed as the appropriate remedy for compensation enhancement lies under Section 18 of the Land Acquisition Act, 1984, not a writ petition.
Summary
The petitioners, Ramu alias Ramchandra Daji Pote and another, filed a writ petition seeking to quash and set aside a 2011 award by the Deputy Collector, Land Acquisition No.6, Kolhapur, on the ground that compensation for the land had not been awarded. The petition was filed in 2020, seven years after the award, with no explanation for the delay. The Court observed that the petitioners were actually seeking enhancement of compensation, which is governed by Section 18 of the Land Acquisition Act, 1984, and not by a writ petition. Consequently, the Court declined to entertain the petition and disposed of it. The Court directed that the petitioners may pursue the appropriate remedy under the statute.
Issues considered
- What is the appropriate remedy for a petition seeking enhancement of compensation under the Land Acquisition Act, 1984?
- Can a writ petition be entertained to quash an award when the remedy lies under Section 18 of the Land Acquisition Act?
Legislation cited
- Land Acquisition Act, 1984 — s. 18
Subjects
- Land Acquisition
- Compensation
- Writ Petition
- Section 18
- High Court
- Delay
Judgment
908-WP-5602-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5602 OF 2023
Ramu alias Ramchandra Daji Pote and Another ...Petitioners.
Versus
The Deputy Collector (Rehabilitation),
Kolhapur and Others ...Respondents.
——————
Mr. Abhijeet B. Desai, i/b. Mr. Nitin P. Deshpande for the Petitioners.
Mr. Siddheshwar B. Kalel, AGP, for the Respondents-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 21, 2026.
P. C. :
1. By the present petition, the Petitioner seeks to quash and set
aside the award dated 28th November 2011 passed by the Deputy
Collector, Land Acquisition No.6, Kolhapur to the extent that the
compensation has not been awarded for the land.
2. The Award of 2011 is sought to be assailed by way of the present
petition in the year 2020. There is no explanation for the delay.
Irrespective of the same, as the Petitioner in efect seeks enhancement
of compensation, the remedy lies under Section 18 of the Land
Acquisition Act, 1984. We are, therefore, not inclined to entertain this
petition.
3. The Petition stands disposed of.
Gaikwad RD 1 of 2
908-WP-5602-2023.doc
4. It is open for the Petitioner to adopt appropriate remedy in
accordance with law.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.08.21
18:56:54
+0530
Gaikwad RD 2 of 2
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