Bombay High Court
Wadwa Construction And Insfrasture ... vs The State Of Maharashtra Thr Revenue And ... on 27 February, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
P3.WPST.3199.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.3199 OF 2026
M/s. Wadhwa Construction and Infrastructure
Private Limited .. Petitioner
Versus
The State of Maharashtra and Ors. .. Respondents
....................
Mr. Vishal Kanade a/w. Mr. Raghav Taneja and Mr. Nitesh Parekh,
Advocates i/by Vidhi Partners for Petitioner in both Writ Petitions.
...................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 27, 2026
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated 27.02.2026. Perused the praecipe.
2. Heard Mr. Kanade, learned Advocate for Petitioner.
3. At the outset, Mr. Kanade would persuade the Court to permit the Petitioner to seek amendment to the Petition and implead the Enforcement Agency as appropriate and necessary party to the present case.
4. In view of certain serious subsequent development having taken place since this is a pre-hearing / pre-admission request, amendment is permitted to be carried out forthwith. Department shall allow the same to be done. Reverification stands dispensed with.
5. Petitioner is Developer who has developed an integrated 1 of 4 ::: Uploaded on - 27/02/2026 ::: Downloaded on - 27/02/2026 22:41:14 ::: P3.WPST.3199.2026.doc township project over an area admeasuring more than 450 acres in Village - Bhingarwadi, Taluka - Panvel, District - Raigad. According to Petitioner, the only access to the said township project since it been landlocked at the inception was through Gurucha / Gawand land out of Survey Nos.39 and 40 of the Village - Bherle, Taluka - Panvel, District - Raigad.
6. The Petitioner followed due process of law for transfer of requisite portion of land for enabling right of way / access and construction of 60 meters wide DP Road which was duly constructed. It is prima facie seen and as pointed out by Mr. Kanade that after following the due process of law District Collector, Raigad by order dated 28.09.2021 transferred the desired portion of land out of Survey Nos.39 and 40 to the Petitioner after Petitioner having deposited the stipulated consideration of Rs.40.59 Lakhs.
7. According to Petitioner and averments made therein, this is the only DP road access. Mr. Kanade would submit that order dated 28.09.2021 was challenged by Group Gram Panchayat in appropriate RTS proceedings before Appellate Authority namely Additional Divisional Commissioner. It is seen that Additional Divisional Commissioner passed order dated 15.09.2025, inter alia, remanding back the matter to the District Collector for fresh adjudication. It is admitted position that amount of compensation stood paid and 2 of 4 ::: Uploaded on - 27/02/2026 ::: Downloaded on - 27/02/2026 22:41:14 ::: P3.WPST.3199.2026.doc compensatory land was also given in lieu of transfer of the subject portion of land for access road by the Petitioner. In these strong facts and circumstances the fresh adjudication ought to have been complied with by following the due process of law but it is case of Petitioner before me that Respondent No.2 - Additional Tahsildar Panvel on 09.01.2026 in gross violation of the principles of justice without hearing Petitioner has passed the impugned order.
8. It is prima facie seen that order dated 26.07.2021 passed by Respondent No.1 - State with regard to the above is not disturbed and is in vogue and without that order been affected the case of Petitioner by virtue of the impugned order stands rejected. Mr. Kanade would point out that coercive steps have been taken day before yesterday i.e. 25.02.2026 which is evident from the photographs appended to praecipe to the extent that the constructed DP Road which stood in place has been entirely dug up at places by some persons, presumably the locals.
9. Petitioner has approached the law Enforcement Agency also in that regard. Learned AGP shall take immediate cognizance of present Petition and this order and take appropriate instructions and accordingly apprise the Court on 04.03.2026 when this matter will be listed for directions first on board by this Court for passing appropriate orders due to difficulties faced by the occupants of the Township.
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10. In view of above, issue notice to Respondents.
11. Humdast permitted. In addition to Court's notice, Petitioner is directed to serve the Respondents a copy of this order and copy of Writ Petition and inform about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof.
12. Stand over to 4th March 2026. To be placed under the caption 'First on Board'.
13. Praecipe is disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ] Digitally signed HARSHADA by HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date: 2026.02.27 14:51:36 +0530 4 of 4 ::: Uploaded on - 27/02/2026 ::: Downloaded on - 27/02/2026 22:41:14 :::