DADARAO S/O NAMDEV KALE AND ORSversusTHE STATE OF MAHARASHTRA THR THE SECRETARY REVENUE AND FOREST AND ORS

1/4                                                   2.wp.9226.2025.odt



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
                 CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO. 9226 OF 2025

Dadarao s/o Namdev Kale & Ors.                ...   PETITIONERS
Versus
The State of Maharashtra & Ors.               ...   RESPONDENTS


Ms. Vaishali Deshmukh, Advocate i/by Mr. Ninad P. Patil, Advocate for
Petitioners.
Mr. Ashok Misal, Advocate for Respondent No.6.
Ms. T. J. Kapre, AGP for Respondents/State.
Mr. Pravin Birajdar, Oicial Assistant, Deputy Collector Land
Acquisition No.7 (Mohol), Solapur present in Court.


                            CORAM      : MADHAV J. JAMDAR AND
                                         PRAVIN S. PATIL, JJ.

                            DATE       : MARCH 04, 2026.

P.C. :

.          Heard Ms. Vaishali Deshmukh, learned Counsel appearing

for the Petitioners, Mr. Ashok Misal, learned Counsel for Respondent

No.6 and Ms. Kapre, learned AGP for Respondents/State.


2.         In this Petition, grievance raised by the Petitioners is that

without acquisition of lands, viz - Gat No. 68/1 admeasuring 0.37 HR,
2/4                                                   2.wp.9226.2025.odt



Gat No. 69/2 admeasuring 0.33 HR and Gat No. 69/1 admeasuring

2.23 HR, total area 2.93 HR situated at Mouza Daingadewadi, Tahsil

Mohol, District Solapur have been taken into possession by the

Respondent No.4 – Deputy Collector/Special Land Acquisition Oicer,

Land Acquisition No. 7, Mohol, District Solapur for construction of

percolation tank No.1 of village Daingadewadi, Tahsil Mohol, District

Solapur.



3.         Perusal of the record shows that the said percolation tank

has been constructed in diferent villages without acquisition of the

lands. Thus, it has been prayed that the directions be issued to the

Respondents to acquire the land and pay compensation with interest

from the date of taking possession of the land.



4.         The Aidavit-in-reply in this Petition has been iled by the

Deputy Collector, Land Acquisition No.7, Mohol, District Solapur. The

Aidavit-in-reply states that the oice of Deputy Collector, Land

Acquisition   Oicer   No.7,   Mohol,   District   Solapur   has   issued

Notiication under Section 11(1) of the Right to Fair Compensation

and Transparency In Land Acquisition, Rehabilitation and Settlement
3/4                                                 2.wp.9226.2025.odt



Act, 2013 on 2/2/2026. The relevant part of Aidavit dated 2/3/2026,

more particularly, paragraph Nos.5 to 7, reads as under :


      “5. I say that the record of this Oice shows that the
      farmers of above said villages have iled representation
      before Under Secretary, Planning Department (E.G.S.),
      Mantralaya, Mumbai in respect of payment of compensation
      amount. I say that in pursuance of representations of farmers,
      before the Under Secretary, Planning Department (E.G.S.),
      Mantralaya, Mumbai issued letter dated 29/1/2026 to the
      Hon’ble Divisional Commissioner, Pune and Deputy Collector
      Land Acquisition Oicer No.7 (Mohol), Solapur regarding
      initiation of action under the provisions of Right to Fair
      Compensation and Transparency in Land Acquisition,
      Rehabilitation and Resettlement Act, 2013. Hereto annexed
      and marked as Exhibit-B is the copy of Letter issued by the
      Under Secretary, Planning Department (E.G.S.), Mantralaya,
      Mumbai dated 29/01/2026.

      6.   I say that the oice of Deputy Collector Land Acquisition
      Co-ordination Branch Solapur issued letter on 30/01/2026 to
      Deputy Collector Land Acquisition Oicer No.7 (Mohol),
      Solapur in respect of initiation of steps/action under the
      provisions of Right to Fair Compensation and Transparency in
      Land Acquisition, Rehabilitation and Resettlement Act, 2013
      upon the representation of the farmers. Hereto annexed and
      marked as Exhibit-C is the copy of letter issued by Deputy
      Collector Land Acquisition Co-ordination Branch Solapur dated
      30/01/2026.

      7.   I say that in pursuance of letter dated 29/01/2026 and
      dated 30/01/2026, the Oice of Deputy Collector Land
      Acquisition Oicer No.7 (Mohol) Solapur issued a notiication
4/4                                                    2.wp.9226.2025.odt



         under Section 11(1) of Right to Fair Compensation and
         Transparency in Land Acquisition, Rehabilitation and
         Resettlement Act, 2013 on 02/02/2026 and the said
         notiication has been forwarded for publication in the
         Government Gazette on 02/02/2026. Hereto annexed and
         marked as Exhibit-D is the copy of Draft Notiication issued
         under Section 11(1) by the oice of Deputy Collector Land
         Acquisition Oicer No.7 (Mohol) Solapur.”


5.           Thus, it is clear that the Respondents/Authorities have

started acquisition proceedings. In view of the same, the relief

sought in the present Petition has been worked out.



6.           All contentions with respect to the quantum of the

compensation as also from the date, from which the compensation is

required to be paid, and whether the Petitioners are entitled for

interest, if any, are kept open.[-



7.           Writ Petition stands disposed of accordingly.




     [PRAVIN S. PATIL, J.]                   [MADHAV J. JAMDAR, J.]



vijaya