Bombay High Court
Mahadu Rama Tandel deceased Through its LRsversusThe State of Maharashtra Through the Chief Secretary and Ors
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the pending applications under Section 28A of the Land Acquisition Act, 1894 must be disposed of within six months from the date of the order and no further extension of time shall be granted.
Summary
A large number of writ petitions were filed by heirs of landowners alleging that their applications under Section 28A of the Land Acquisition Act, 1894, filed in 1993, had remained pending for 33 years without any order. The petitioners sought directions for disposal of these applications. The Court observed that while the current Deputy Collector could not be held responsible for the historic delay, the State had treated the applications in a casual manner. It directed the Deputy Collector, Land Acquisition, Metro Centre No.3, Thane, to dispose of all pending applications within six months from the date of the order and ruled that no further extension of time would be permitted. Consequently, the writ petitions were disposed of by this direction.
Issues considered
- Whether the State's 33-year delay in disposing applications under Section 28A of the Land Acquisition Act, 1894, violates the petitioners' rights.
- Whether the Court can compel the Deputy Collector to dispose of the pending applications within a specific time frame.
- Whether any further extension of time for disposal should be granted.
Legislation cited
- Land Acquisition Act, 1894 — s. 28A
Subjects
- Land Acquisition
- Section 28A
- Administrative delay
- Writ petition
- Statutory disposal
- Maharashtra
Judgment
11-28_WP_9750_26 & ors.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9750 OF 2026
Maruti Dharma Patil (deceased), Through LRs
1A. Madhukar Maruti Patil
1B. Lilabai Vishnu Tandel
1C. Gulab Ramesh Bhoir
1D. Narayan Maruti Patil
1E. Revati Aaba Patil … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9780 OF 2026
Sitaram Vithu Tandel (deceased), Through LRs
1A. Samadhan Kashinath Patil
1B. Suhas Kashinath Patil
1C. Sachin Kashinath Patil
1D. Pramila Sandip Mhatre … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9784 OF 2026
1. Sukhadev Krishna Tandel
2. Budhubai Pandharinath Tandel … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9786 OF 2026
Shankar Kathod Bhoir (deceased), Through LRs
1A. Chandrakant Krishna Bhoir
1B. Goverdhan Shankar Bhoir (deceased)
1B(I). Pushpalata Goverdhan Bhoir
Digitally
signed by
PRIYA PRIYA
Date:
KAMBLI
KAMBLI 2026.08.07
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1B(II). Jyoti Sagar Thakur
1B(III). Komal Sumit Veta
1B(IV). Sonam Rajesh Mhatre
1B(V). Vrushali Pratik Bhoir
1B(VI). Vinaya Dinesh Patil
1C. Krushnabai Jagannath Naik
1D. Alka Pundalik Patil
1E. Sunita Hiraji Mhatre … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9787 OF 2026
Raghunath Shivram Patil (deceased), Thr. LRs
1A. Dinkar Raghunath Patil
1B. Surekha Jagdish Patil
1C. Prema Kumar Tandel … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9788 OF 2026
1. Vijay Vishwanath Patil
2. Malini Vishwanath Patil
@ Malini Dattram Gharat
3. Subhadra Pandurang Mhatre
4. Baliram Vishwanath Patil
5. Asha Pandharinath Mhatre
6. Laxmibai Liladhar Tandel
7. Rakhamabai Ramakant Patil
8. Surekha Vasant Bhoir
9. Vitthal Laxman Patil (deceased), Thr. LRs
9A. Chandrakant Vitthal Patil
9B. Ravindra Vitthal Patil
9C. Krushnabai Baliram Patil
9D. Baby Dinkar Patil
9E. Suman Anant Patil … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
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AND
WRIT PETITION NO. 9791 OF 2026
Dinkar Thakur Kadu (deceased), Through LRs
1A. Prasanna Dinkar Kadu
1B. Yogesh Dinkar Kadu
1C. Vanita Vasant Mhatre
1D. Namrata Arun Mhatre … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9792 OF 2026
1. Ganesh Sitaram Patil
2. Saraswati Mahadev Tandel (deceased), Through LRs
2.1. Sunita Manohar Patil
2.2. Pranit Sumit Patil
2.3. Yojana Roshan Bhoir
2.4. Alwin Mahadev Tandel
2.5. Omkar Mahadev Tandel … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9793 OF 2026
Mahadu Rama Tandel (deceased), Through LRs
1A. Bebibai Vasant Madhavi
1B. Sunita Bhagwan Dambale
1C. Prabhavati Arun Bhoir
1D. Pashi Mahadu Tandel
1E. Sangita Dnyaneshwar Patil
1F. Kalpana Mahadu Tandel … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
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11-28_WP_9750_26 & ors.doc
AND
WRIT PETITION NO. 9794 OF 2026
1. Mahadev Sadashiv Tandel
2. Yatin Sadashiv Tandel
3. Yogini Vasant Patil
4. Alka Hanuman Patil
5. Anandi Harishchandra Mhatre
6. Sharmila Sandeep Mhatre … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9795 OF 2026
1. Jayram Tukaram Tandel (deceased),
Through LR Kusum Jayram Tandel
2. Mahadev Tukaram Tandel
3. Suman Dattatray Tandel
4. Shaila Arjun Tandel
5. Jayant Narayan Tandel
6. Santosh Jayram Tandel
7. Jaiprakash Jairam Tandel
8. Vikas Mahadeo Tandel (deceased),Through LRs
8A. Lalita Vikas Tandel
8B. Nishant Vikas Tandel
8C. Nehali Vikas Tandel
9. Rajendra @ Rajesh Mahadeo Tandel … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9796 OF 2026
Ganpat Gosavi Patil … Petitioner
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
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AND
WRIT PETITION NO. 9797 OF 2026
1. Anant Sawalaram Tandel (deceased), Through LRs
1A. Nilesh Anant Tandel
1B. Vijay Anant Tandel
1C. Sunita Chandrakant Patil
2. Dhanaji Sawalaram Tandel (deceased), Through LRs
2A. Suresh Dhanaji Tandel
2B. Pratibha Dhanaji Tandel
2C. Pushplata Manoj Mhatre
2D. Suvarna Namdev Patil
2E. Vandana Deepak Mhatre … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9804 OF 2026
Ahilyabai Gokul Patil (deceased), Through LRs
1A. Jitendra Gokul Patil
1B. Mamata Nilesh Thakur
1C. Sadichha Kundan Bhoir
1D. Darshana Prakash Naik
1E. Sanjala Dhananjay Mukadam … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9805 OF 2026
1. Arun Sawalaram Bhoir (deceased), Through LRs
1A. Jayshree Arun Bhoir
1B. Prashant Arun Bhoir
1C. Roshani Milind Patil
1D. Priti Vikas Patil
2. Ghanshyam Sawalaram Bhoir.
3. Kusum Jayram Tandel
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4. Shankuntala Dhanaji Bhoir
5. Karuna Tulshiram Patil (deceased),
Through LR Krushna Tulshiram Patil
6. Vina @ Binabai Mahadev Mhatre (deceased)
Through LR Pramila Mahadev Mhatre
7. Alka Vishwamitra Mhatre … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9806 OF 2026
1. Dinkar Barsha Patil (deceased), Through LRs
1A. Bhimabai Barsha Patil (deceased), Through LRs
1A1. Chauthabai Rajaram Tandel
1A2. Baliram Shalik Bhoir
1A3. Venubai Baliram Kadu
1A4. Maruti Shalik Bhoir (deceased), Through LRs
1A4/1. Shakuntala Maruti Bhoir
1A4/2. Pragati Mukund Kadu
1A4/3. Mahesh Maruti Bhoir
1A4/3.1. Anita Mahesh Bhoir
1A4/3.2. Srushti Mahesh Bhoir
1A4/3.3. Vaishnavi Mahesh Bhoir
1A4/4. Rajesh Maruti Bhoir
1A4/5. Suyash Maruti Bhoir
2. Virchandra Dinkar Patil (deceased), Through LRs
2A. Sajesh Virchandra Patil
2B. Mithun Virchandra Patil
2C. Paresh Virchandra Patil
3. Laxmi Jayaram Bhoir
4. Shanta Narayan Gharat
5. Kanta Bansidhar Bhoir
6. Ashok Dinkar Patil
7. Malini Santosh Tandel
8. Shashikant Tukaram Patil
9. Jayvanti Nilkanth Patil
10. Parvati Sadanand Tandel
11. Manjula Pandurang Bhoir
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11-28_WP_9750_26 & ors.doc
12. Ranjana Chhagan Patil (deceased), Through LRs
12A. Kirtikumar Chhagan Patil
12B. Jyoti Pramod Patil … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9808 OF 2026
1. Namdeo Tukaram Bhoir
2. Sahadeo Tukaram Bhoir (deceased),
Through LR Shalini Sahadeo Bhoir
3. Eknath Tukaram Bhoir … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
AND
WRIT PETITION NO. 9809 OF 2026
1. Ramakant Shankar Tandel (deceased), Through LRs
1A. Surekha Ramakant Tandel
1B. Deepika Mayur Mhatre
1C. Pooja Ramakant Tandel
2. Suman Ramakant Naik … Petitioners
vs.
The State of Maharashtra, Thr. Chief Secy. & ors. … Respondents
Mr. Niketan Nakhawa a/w. Mr. Mahendra J. Mhatre and Mr. Pramod Purav
for petitioners in all petitions.
Mr. B. V. Samant, Addl. GP a/w. Ms. Tanu Bhatia, AGP for respondents –
State authorities in WP/9750/2026 and WP/9796/2026.
Mr. B. V. Samant, Addl. GP a/w. Ms. M. S. Bane, AGP for respondents –
State authorities in WP/9780/2026, WP/9787/2026, WP/9788/2026 and
WP/9794/2026.
Mr. B. V. Samant, Addl. GP a/w. Ms. D. S. Deshmukh, AGP for respondents
– State authorities in WP/9784/2026 and WP/9805/2026.
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Mr. B. V. Samant, Addl. GP a/w. Ms. G. R. Raghuwanshi, AGP for
respondents – State authorities in WP/9786/2026, WP/9791/2026 and
WP/9797/2026.
Mr. B. V. Samant, Addl. GP a/w. Mr. R. S. Pawar, AGP for respondents –
State authorities in WP/9792/2026, WP/9804/2026 and WP/9809/2026.
Mr. B. V. Samant, Addl. GP a/w. Mr. M. M. Pabale, AGP for respondents –
State authorities in WP/9793/2026.
Mr. B. V. Samant, Addl. GP a/w. Mr. S. P. Kamble, AGP for respondents –
State authorities in WP/9795/2026.
Ms. Pooja Patil, AGP for respondents – State authorities in WP/9806/2026.
Ms. P. M. J. Deshpande, AGP for respondents – State authorities in
WP/9808/2026.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ
DATE : 06th AUGUST, 2026
P.C. :
. A shocking state of affairs is placed before this Court by these
petitions. The petitioners or their predecessors had filed applications
under Section 28A of the Land Acquisition Act, 1894 (the said Act)
way back in the year 1993 on various dates. According to the
petitioners, the applications have remained pending without any
consideration or effective orders for the past 33 years.
2. In the interregnum, in some cases, the original claimants/land
owners have expired and their legal representatives are pursuing the
applications.
3. Except petitions at Sr. Nos.26 and 27, copies of other petitions
were received by the office of the learned Government Pleader and
hence, the AGPs appearing today in these petitions have taken
specific instructions from the officer presently holding the post of
Deputy Collector, Land Acquisition, Metro Centre No.3, Thane.
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4. A communication dated 05.08.2026 is addressed by the said
officer to the learned Government Pleader of this Court on the
appellate side. After referring to 16 petitioners i.e. petitioners in writ
petitions at Sr. Nos.11 to 15 and 28, the said officer has stated that
he has recently taken charge and since the applications have been
pending for the past 33 years, if time period of six months is granted,
the applications shall be disposed of. The said communication is
taken on record.
5. The learned AGPs, on instructions, make a statement that even
with regard to the writ petitions at Sr. Nos.26 and 27, same time
period can be granted for disposal.
6. The said communication also indicates that 16 applications
placed before the said officer, have been taken up for directions
today i.e. on 06.08.2026. It is also brought to the notice of this Court
that the said officer was also kept busy by the exercise of Special
Intensive Revision of the voters’ rolls taking place in the State of
Maharashtra.
7. While we are of the opinion that the officer presently holding
the said post may not be held directly responsible for the huge delay
of 33 years, the facts on record show the casual manner in which the
applications preferred by the petitioners or their predecessors, have
been treated by the State authorities.
8. The writ petitions are disposed of by directing respondent No.3
– Deputy Collector, Land Acquisition, Metro Centre No.3, Thane, to
take up the pending applications concerning the petitioners, filed
under Section 28A of the said Act, and to dispose of the same within
a period of six months from today.
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9. Considering the long time period for which the applications
have remained pending, it is made clear that no extension of time
shall be granted.
10. Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Priya Kambli
10/10
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