Bombay High Court
Uddhav Dhondiba Dandwate And Anr vs The State Of Maharashtra Thor. The ... on 8 May, 2025
Author: M. S. Sonak
Bench: M.S. Sonak
2025:BHC-AS:21611-DB 901-WP-15408-2024.DOCX
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15408 OF 2024
1] Uddhav S/o Dhondiba Dandwate
Age:75 Years, Occu:-Agri
2] Laxman S/o Sukhdeo Shinde
Age:- 54 years, Occu:- Agril,
All R/o. Kanhur Mesai (Yemaidara)
Tq. Shirur, Dist. Pune. ...Petitioners
AMOL Versus
PREMNATH
JADHAV
1] The State of Maharashtra
Digitally signed by
AMOL PREMNATH
Through The Secretary Revenue &
JADHAV Forest Department Mantralaya Mumbai 32.
Date: 2025.05.09
18:33:31 +0530
2] The Collector,
Pune-1, Dist. Pune
3] Sub-Divisional Officer @
Special Land Acquisition Officer
No. 26
Old Z.P. Pune-1 Dist. 1 Pune
4] The District Water Conservator Officer
Soil and Water conservation Division
Yerwada Pune, Dist. Pune
5] Sub-Divisional Water Conservator Officer
Soil and Water Conservator Department
Shirur, Dist. Pune. ...Respondents
______________________________________________________
Mr Sahil Choudhary, i/b, Mr Ninad P Patil, for the Petitioners.
Ms S. S. Bhende, AGP, for the Respondent-State.
______________________________________________________
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901-WP-15408-2024.DOCX
CORAM
M.S. Sonak &
Jitendra Jain, JJ.
DATED: 08 May 2025
ORAL JUDGMENT Per M. S. Sonak, J
1. Heard Mr Choudhary for the Petitioners and Ms Bhende
the learned AGP for all the Respondents.
2. Rule. The Rule is made returnable immediately at the
request of and with the consent of the learned Counsel for the
parties.
3. The Petitioners' contention is that their properties
bearing Gat Nos. 642 and 645 in village Kanhur Mesai
(Yemaidara), Taluka Shirur, Pune admeasuring 2 Hectares 09
Ares was acquired for percolation tank without following the
due process of law and on the promise that compensation
would be paid to them. This was in the year 2004. The
Petitioners contend that since last 21 years, no compensation
has been paid to the Petitioners because no acquisition
proceedings were initiated or concluded for all these years.
4. Ms Sneha Kisave Deovkate, Sub-Divisional Officer
("SDO"), Pune City Shirur Division, Pune (R3) has filed an
affidavit in this matter. The affidavit does not dispute the
Petitioners' contention about 2 Hectares 09 Ares land being
taken over for the construction of the percolation tank.
5. The affidavit states that the subject land has to be
acquired and for this, the SDO, has entered into
correspondence with the acquiring body i.e., Respondent No.
5. The affidavit states that various letters have written to the
acquiring body to submit all the required documents for
acquisition of the subject land. Finally, paragraph 6 of the
901-WP-15408-2024.DOCX
affidavit states that after receipt of all the necessary
documents from the acquiring body, further action will be
taken in accordance with law as per the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 ("the 2013 Act").
6. Thus, in effect, the Respondents admit to the taking over
of Petitioners' land without following the due process. The
Respondents also admit that they are required to acquire this
land and pay compensation to the Petitioners. However, a
vague statement is made that correspondence is going on
between the SDO and the acquiring body and after the
acquiring body submits the necessary documents, steps for
acquisition under the 2013 Act would be taken. All this
vagueness, lethargy and bureaucratic delays are not
acceptable. If the Petitioners' property has been taken over
without following the due process of law, immediate steps
should be taken to initiate and conclude acquisition
proceedings and compensation amount must be paid to the
Petitioners. This issue of submitting documents is something
internal to the land acquisition authorities and the acquiring
department. Simply because for last almost 21 years this has
not been done for reasons best known to the Respondents, the
Petitioners cannot be made to suffer any further.
7. The property right may not be a fundamental right but it
is a constitutional and human right. One of the essential facets
of the rights guaranteed by Article 300A is expeditious
conclusion of acquisition proceedings and the payment of
compensation once a citizen is deprived of his property.
901-WP-15408-2024.DOCX
8. Mr Coudhary has submitted a chart giving details of the
area of land each of the Petitioners taken over by the
Respondents. Based on the ready reckoner, this chart indicates
that the basic minimum market value corresponding to 2
Hectares 09 Ares would come to Rs. 19,12,350/-. The chart
also applies the multiplier under Section 26, the solatium
under Section 33 concludes that the compensation that would
reasonably become payable would be Rs. 76,49,400/-. Mr
Choudhary states that directions should be issued to
immediately pay this amount on account because even
acquisition proceedings are otherwise invariably delayed by
the Respondents.
9. Although, for the present, we do not think it appropriate
to direct payment of almost Rs. 76.49 lakhs, we agree with Mr
Choudhary that a case has been made out for directing the
Respondents to pay some interim compensation to the
Petitioners. The record shows and there is no dispute that the
Petitioners' land was taken over in 2004 and till date they are
not in receipt of any compensation.
10. Accordingly, we direct the Respondents to pay to each of
the Petitioners compensation in terms of the following chart
within six weeks from the date of the uploading of this order.
A B C D E F
Sr Names as per Measurement Gut Acquired Basic Rates of Basic (Minimum)
No. Sheet and original No. Area Dry Land as per Market Value of
Petitioners Hector/R Ready Acquired Area
Reckoner Per (D x E = F )
Hector
1 Uddhav Dhodiba Dandawate 642 1.79 9,15,000 Rs. 16,37,850/-
2 Laxman Sukhadeo Shinde 645 0.3 9,15-000 Rs. 2,74,500/-
Total :- 2.09 Rs. 19,12,350/-
901-WP-15408-2024.DOCX
11. The above amount of Rs. 19,12,350/- must be deposited
in this Court on or before 30 June 2025 after giving advance
intimation to the learned Counsel for the Petitioners. Upon
deposit of this amount, the learned Counsel for the Petitioners
must furnish bank details of each of the Petitioners and the
registry, in accordance with the above chart, must transfer the
amounts to each of the Petitioners' account. The registry must
complete this exercise within 15 days of the learned Counsel
for the Petitioners furnishing the bank details.
12. The above amount is only tentative and may be
accepted by the Petitioners without prejudice to their
contention that they deserve higher compensation. This
amount must be adjusted against the amount that the Land
Acquisition Officer will ultimately determine in this matter.
13. The Respondents are jointly and severally directed to
initiate and conclude the acquisition proceedings within one
year from today. This will include making an award and
paying the compensation due to the Petitioners and also other
persons whose lands are acquired for this percolation tank
project.
14. Ms Bhende, learned AGP speaks about administrative
approvals and other bureaucratic procedures. We are least
impressed by such submissions. For last 21 years, the
Respondents have done virtually nothing and deprived the
Petitioners of compensation after their lands were taken over
without following the due process of law. The payment of
compensation or the conclusion of acquisition proceedings
should now, not be delayed on account of approvals and other
bureaucratic procedures. All such matters must be fast tracked
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so that the timeline now indicated by us is adhere to. If there
is delay, the Revenue Secretary must find out the officials who
are responsible for such delay and fix the responsibility on
such officials. On account of delay by such officials, the State,
cannot be forced to pay higher compensation or interest at
higher rates.
15. The Rule is made absolute in the above terms without
any costs order.
16. All concerned to act on an authenticated copy of this
order.
(Jitendra Jain, J) (M.S. Sonak, J)
