Bombay High Court
KACHARU BHANUDAS WANKHARE AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court ordered that the 2016 valuation be obtained and the acquiring authority pay the compensation within six months, thereby disposing of the petition.
Summary
The petitioners, Kacharu Bhanudas Wankhare and another, filed a writ petition seeking compensation for fruit‑bearing trees and structures standing on land acquired for the purpose of Respondent No.4. They requested that the compensation be based on the valuation rates of the year 2016. Respondents 2 and 3 filed an affidavit undertaking to obtain the 2016 valuation from the concerned authorities, raise a demand with the acquiring body (Respondent No.4), and pay the petitioners once the amount is received. The Court found that the petition could be disposed of on the basis of this undertaking. Accordingly, the Court directed the concerned authorities to provide the 2016 valuation report, for Respondents 2 and 3 to raise the demand, and for Respondent No.4 to make payment within six months, after which the writ petition was disposed.
Issues considered
- What compensation, if any, is payable to petitioners for fruit‑bearing trees and structures on land acquired for public purpose?
- Whether the compensation should be calculated based on the valuation rates of the year 2016?
- Procedural steps required for the acquiring authority to determine and pay such compensation.
Subjects
- land acquisition
- compensation
- valuation
- fruit‑bearing trees
- writ petition
- Maharashtra
Judgment
(1) 937-WP-633-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
937 WRIT PETITION NO. 633 OF 2018
Kacharu Bhanudas Wankhare And Another
VERSUS
The State Of Maharashtra And Others
WITH
WRIT PETITION NO. 613 OF 2018
...
Mr. D. G. Nagode, Advocate for the Petitioners.
Mr. S. B. Pulkundwar, AGP for Respondent-State.
Mr. S. S. Dande Advocate for Respondent No.4.
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 20th AUGUST 2026.
PC :-
1. Heard Mr. Nagode, the learned Advocate for the petitioner, Mr.
Pulkundwar, the learned AGP for Respondent Nos. 1 to 3/State and Mr.
Dande, the learned Advocate for Respondent No.4.
2. Here, the claim of the petitioner is in respect of fruit-bearing trees
standing on the land acquired for the purpose of Respondent No.4. The
affidavit in reply is filed by Respondent Nos. 2 and 3, paragraph No.5
reads as under:
(2) 937-WP-633-2018
“5. I say and submits that, so far as the prayers of the petitioners
in respect of payment of compensation as per the valuation of 2016
in respect of fruit bearing trees and structure situated on the said
property is concern, the deponent undertakes that the deponent will
sought the valuation as per year 2016 from the concern authorities
after getting valuation report, and is not as the same is received
from the concerned authorities. The deponent will raise the demand
to the acquiring body and thereafter, after receiving the said amount
from the acquiring body the same will be paid to the petitioners as
early as possible.
In view of the above mentioned undertaking the deponent
prayer for disposal of the petition in accordance with law.”
3. This Court finds that the petition can be disposed off conveniently
in view of contents of paragraph No.5 of the affidavit in reply filed by
Respondent Nos. 2 and 3.
4. The concerned authorities to give valuation report as per valuation
of the year 2016 to Respondent Nos. 2 and 3 and thereafter the
respondent Nos. 2 and 3 to raise demand to the acquiring body i.e.
Respondent No.4. The respondent No.4 to pay the amount thereafter
depending upon the report submitted to it as per valuation for the year
2016.
5. The entire exercise be completed within a period of six months
from today.
6. With these, writ petition stands disposed off.
(3) 937-WP-633-2018
[JITENDRA JAIN, J.] [KISHORE C. SANT, J.]
D.A.ETHAPE
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