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Bombay High Court

KAILAS BADRIPRASAD AGRAWALversusTHE DEPUTY COLLECTOR DHULE AND OTHERS

Disposal
DISPOSED OFF

Holding

The respondents must honor the LARR Authority's compensation order and pay the full amount, including all statutory benefits, within six months of receiving the Court’s order.

Summary

Petitioner Kailas Badriprasad Agrawal filed a writ petition seeking a direction to the Deputy Collector, Dhule and other respondents to calculate and pay the full compensation awarded by the LARR Authority, Nashik, including statutory benefits, a 12% additional amount, 100% solatium and interest, within one month. The petitioner relied on the LARR Authority's judgment dated 5 March 2026 (case No. 2025/LARRA‑N/NSK/NBR/3506). The State's Advocate General submitted a letter from the Executive Engineer indicating that the funds are pending release by the Government and will be paid once released. The Court examined whether the respondents were bound to comply with the LARR order and to expedite payment. Finding that the LARR order is final and enforceable, the Court directed the respondents to pay the compensation expeditiously, setting a six‑month deadline from receipt of the order. The petition was disposed with the direction to pay the amount within the stipulated period.

Issues considered

  • Whether the respondents are obligated to calculate and pay the compensation awarded by the LARR Authority, including statutory benefits, solatium and interest, as per the order dated 5 March 2026.
  • Whether the Court can impose a specific time‑frame for payment despite the Government’s pending release of funds.

Subjects

  • Compensation
  • Land Acquisition
  • Right to Fair Compensation and Transparency Act
  • Writ Petition
  • Statutory Benefits
  • Solatium
  • Interest

Judgment

2026:BHC-AUG:45856-DB


                                             {1}                   131-wp-8354-2026

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                             131 WRIT PETITION NO. 8354 OF 2026

                                    Kailas Badriprasad Agrawal
                                              VERSUS
                               The Deputy Collector Dhule And Others
                                                 ...
              Mr. D.S. Bagul, Advocate for the Petitioner
              Mr. N.D. Batule, AGP for the State
                                               .......

                                    CORAM : NITIN B. SURYAWANSHI AND
                                             ABASAHEB D. SHINDE, JJ.


                                      DATE : 30th SEPTEMBER, 2026
              PER COURT :

              1.   This petition seeks direction to the Respondents to calculate and

              pay the entire amount of compensation along with all statutory

              benefits including 12% additional amount, 100% solatium and interest

              to the petitioner as per the judgment and order dated 05.03.2026

              passed    by   the    LARR    Authority,   Nashik    in   case    No.

              2025/LARRA-N/NSK/NBR/3506 within a period of one month.


              2.   Learned AGP has placed on record a copy of letter dated

              21.08.2026 addressed by the Executive Engineer-Respondent No. 2

              stating that the funds are demanded from the Government by

              communication dated 23.07.2026 and as soon as the funds are

              released by the Government, petitioner will be paid amount of
                                  {2}                   131-wp-8354-2026

compensation. Said letter is taken on record and marked ‘X’ for

identification purposes.


3.       Writ Petition is disposed of by directing the respondents to pay

the compensation amount to the petitioner, as expeditiously as

possible and in any case within a period of six 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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