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Bombay High Court
Wadwa Construction And Insfrasture ... vs The State Of Maharashtra Thr The Revenue ... on 27 February, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
P3. WPST.3198.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.3198 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
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P3. WPST.3198.2026.doc
township project over an area admeasuring more than 450 acres in
Village - Bherle, 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 No.43 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
No.43 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
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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 person, presumably
the locals.
9. Petitioner has approached the law Enforcement Agency also
in that regard. Learned AGP shall take immediate cognizance of the
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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P3. WPST.3198.2026.doc
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. ]
HARSHADA by HARSHADA
HANUMANT SAWANT
SAWANT Date: 2026.02.27
14:56:37 +0530
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