Swapnil S/O Nanaji Ingole And Others v. State Of Maharashtra, Thr. Secretary, Department Of Revenue, Mumbai And Others

2026:BHC-NAG:109-DB 1 WP-4783-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.4783 OF 2022 [Swapnil S/o Nanaji Ingole and others Vs. State of Maharashtra, through its Secretary, Department of Revenue, Mantralaya, Mumbai and others] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri P.B. Patil, Counsel for Petitioners.

Ms K.P. Marpakwar, Assistant Government Pleader for Respondent Nos.1, 2, 4 and 5. Shri S.Y. Deopujari, Counsel for Respondent No.3. CORAM : ANIL S. KILOR AND RAJ D. WAKODE , JJ.

D ATE : 6 th JANUARY, 2026 .

1.

The following prayers are made in the present petition : "(a) direct the respondent No.2-District Collector, Amravati, the respondent No.3-Chief Engineer, MADC and the respondent No.4Special L.A.O. to process the proposal for acquisition of the excess land of the petitioners admeasuring 1.63 H.R. from Gat No.61/1 of Mouza Aadegaon (Khurd), Tahsil Nandgaon Khandeshwar, District Amravati utilized for the construction road by MADC and initiate the process of acquisition, forthwith and to pay the compensation to the petitioners in accordance withh provisions of new land acquisition Act, 2013 (Act No.30 of 2013); forthwith;

(b) direct the respondent no.2-District Collector, Amravati to correct the revenue entries on the basis of joint re-measurement report Dt.23.10.2020 & map Dt.28.07.2020 by Dy. Superintendent of Land records, Nandgaon Khandeshwar at (Annexure-M2 & M3), forthwith;

(c) direct the respondent No.2-District Collector, Amravati to pay compensation to the petitioners according to New Land Acquisition Act No.30 of 2013, forthwith;

(d) direct the respondent No.2-District Collector, Amravati to pay the rental compensation to the petitioners on account of the excess land of the petitioners admeasuring 1.63 H.R. from Gat No.65/1 of Mouza Aadegaon (Khurd), covered under the road constructed by respondent No.3-MADC with interest at the rate of 18% per annum

2 WP-4783-2022.odt from 15/03/2017 till the date issuance of section 11 notification to be issued for acquisition of said excess land, forthwith; (e) direct the respondent No.3 MADC to pay the compensation to petitioners on account of damages caused to their crops from the land i.e. Gat No.65/1, Muza Aadegaon (Khurd), as assessed by the expert from Agricultural Department at Annexures-R & R-1 dated 1.3.2021 & 27.7.2021, forthwith;

(f) hold and declare that the petitioners are entitled for getting compensation with interest at the rate of 18% per annum; (g) allow this petition with costs; and (h) grant any other suitable relief to which the petitioners are entitled in the facts and circumstances of the present case." 2.

Admittedly, the petitioners before filing the present petition approached the Collector with similar prayers and till this date, there is no decision on such representation by the Collector. 3.

This petition is pending since last three years and even in this petition, there is no reply filed by the respondents till this date. 4.

Considering the prayers made in the present petition and the fact that similar request is pending before the Collector, we are of the opinion that the purpose will be served if the direction is issued to the Collector to consider the representation of the petitioner at Page No.57 of this petition and also the subsequent representation along with the grounds raised as well as the prayers made in this petition, within the stipulated period. 5.

Accordingly, we dispose of the present petition with a direction to the Collector, Amravati, the respondent No.2 herein, to decide the representations of the petitioners, and while doing so, take into consideration the grounds raised as well as the prayers made in the present petition. Such decision shall be taken within a period of ten weeks from the date of production of this order before the Collector. The

3 WP-4783-2022.odt decision taken shall be communicated to the petitioner within a period of two weeks from the date of such decision.

6.

The petition is disposed of in the above-referred terms. No costs. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) LANJEWAR