Bombay High Court

CHANDU SATWAJI BHALERAO AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR AND OTHERS

Disposal: DISPOSED OFF
Bench: AJIT B KADETHANKAR

Holding

The Special Land Acquisition Officer's order dated 21 May 2011 is quashed and set aside, and the petitioners' reference must be forwarded to the Principal Civil Court, with no entitlement to interest on enhanced compensation.

Summary

The petitioners, farmers whose lands were acquired for the Lendi Project Main Branch Canal, received an award under the Land Acquisition Act in July 2008 and filed a reference for enhanced compensation in November 2008. Their reference was rejected by the Special Land Acquisition Officer on 21 May 2011 for alleged non‑removal of objections. The petitioners filed a writ petition in 2024, relying on two earlier High Court orders that dealt with similar acquisition awards. The Court examined those precedents and concluded that the SLAO’s rejection was procedurally defective. Consequently, the Court quashed the 2011 order, directed the SLAO to forward the reference to the Principal Civil Court within four weeks, and held that no interest could be claimed on the enhanced compensation. The writ petition was allowed in the terms specified.

Issues considered

Whether the Special Land Acquisition Officer's order rejecting the petitioners' reference for enhanced compensation on the ground of non‑removal of objections is legally valid.
Whether the petitioners are entitled to claim interest on the enhanced compensation from the date of rejection to the date of the Court's order.
Whether the reference should be forwarded to the Principal Civil Court of original jurisdiction for determination.

Legislation cited

Land Acquisition Act — s. 12(2)

Subjects

land acquisition
compensation enhancement
writ petition
special land acquisition officer
interest on compensation
procedural deficiency

Judgment

2026:BHC-AUG:10198

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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                                  WRIT PETITION NO. 6497 OF 2024
                                  Chandu Satwaji Bhalerao And Another
                                                VERSUS
                        The State Of Maharashtra Through District Collector And
                                                 Others
                                                   ...
                     Mr. S. R. Bagal h/f Mr. B. N. Gadegaonkar, Advocate for the
                     Petitioners
                     Mr. A. A. A. Khan, AGP for Respondent-State
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                         DATED : 09TH MARCH, 2026
                     ORDER :-

                     .     Under compulsory land acquisition for the Lendi Project

                     Main Branch Canal, lands of the petitioners admeasuring 72 R

                     and 40 R respectively in gut no.172 and 177 respectively

                     situated at Kavalgadda, Taluka Degloor, District Nanded came

                     to be acquired by the respondent/authorities.

                     2.    An award under the Land Acquisition Act also came to

                     be delivered by the Competent Authority on 14.07.2008. The

                     petitioners were served with a notice under Section 12(2) of

                     the land Acquisition Act on 22.10.2008. On 24.11.2008, the

                     petitioners lodged their Land Acquisition Reference with the

                     Special Land Acquisition Officer, Nanded with a request to

                     forward the same to the Competent Court for considering

                     enhancement in the consideration.
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3.    The petitioners state that they received information

from their Advocate that the petition was filed timely and was

pending. However in the month of February, 2023, they came

to know that actually their cases have been rejected by the

Special Land Acquisition Officer for non removal of objections

vide order dated 21.05.2011. As such, the petitioners are

before this Court.


4.    Mr. S. R. Bagal h/f Mr. B. N. Gadegaonkar, learned

Counsel for the petitioners would place on record order dated

18.02.2016, passed by this Court in Writ Petition No.6488 of

2024 (Coram: Hon’ble Justice S. G. Chapalgaonkar) and

another order dated 21.01.2026 passed in Writ Petition

No.15031 of 2023 (Coram: Hon’ble Justice Siddheshwar S.

Thombre). Both the orders are taken on record and marked as

Exhibit-X and X-1 respectively for identification. He would

submit that the petitioners in the cited petitions are the

farmers and stakeholders in the same acquisition award,

which is subject matter of the present petition.

5.    With able assistance of the learned Counsel for the

petitioners and learned AGP for the respondent-State, I have

gone through the orders passed in the cited matters. I find
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that the case of the petitioners is squarely covered by both the

orders. In view of that, I pass following order:

                                   ORDER

        a.       Writ Petition stands allowed.

        b.       The impugned order dated 21.05.2011
        passed by Ld. Special Land Acquisition Officer,
        MIW, nanded is quashed and set aside.

        c.       The Special Land Acquisition Officer shall
        forward reference to Principal Civil Court of
        Original Jurisdiction along with deficiencies, if
        not removed by petitioners within a period of four
        weeks from today, subject to condition that
        petitioners deposit requisite Court fees.

        d.       It is made clear that petitioners shall not be
        entitled     to    claim    interest    on   enhanced
        compensation, if their reference is allowed for
        period from 21.05.2011 till date of this order.

        e.       Copy of this order be made part of
        reference to be made to Reference Court.

        f.       Writ Petition stands allowed in above
        terms.



                                         ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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