Chandu Satwaji Bhalerao And Another v. The State Of Maharashtra Through District Collector And Others
2026:BHC-AUG:10198
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 6497 OF 2024 Chandu Satwaji Bhalerao And Another
VERSUS
The State Of Maharashtra Through District Collector And Others ...
Mr. S. R. Bagal h/f Mr. B. N. Gadegaonkar, Advocate for the Petitioners Mr. A. A. A. Khan, AGP for Respondent-State .....
CORAM : AJIT B. KADETHANKAR, J.
DATED : 09TH MARCH, 2026 ORDER :- .
Under compulsory land acquisition for the Lendi Project Main Branch Canal, lands of the petitioners admeasuring 72 R and 40 R respectively in gut no.172 and 177 respectively situated at Kavalgadda, Taluka Degloor, District Nanded came to be acquired by the respondent/authorities. 2.
An award under the Land Acquisition Act also came to be delivered by the Competent Authority on 14.07.2008. The petitioners were served with a notice under Section 12(2) of the land Acquisition Act on 22.10.2008. On 24.11.2008, the petitioners lodged their Land Acquisition Reference with the Special Land Acquisition Officer, Nanded with a request to forward the same to the Competent Court for considering enhancement in the consideration.
3.
The petitioners state that they received information from their Advocate that the petition was filed timely and was pending. However in the month of February, 2023, they came to know that actually their cases have been rejected by the Special Land Acquisition Officer for non removal of objections vide order dated 21.05.2011. As such, the petitioners are before this Court.
4.
Mr. S. R. Bagal h/f Mr. B. N. Gadegaonkar, learned Counsel for the petitioners would place on record order dated 18.02.2016, passed by this Court in Writ Petition No.6488 of 2024 (Coram: Hon'ble Justice S. G. Chapalgaonkar) and another order dated 21.01.2026 passed in Writ Petition No.15031 of 2023 (Coram: Hon'ble Justice Siddheshwar S. Thombre). Both the orders are taken on record and marked as Exhibit-X and X-1 respectively for identification. He would submit that the petitioners in the cited petitions are the farmers and stakeholders in the same acquisition award, which is subject matter of the present petition. 5.
With able assistance of the learned Counsel for the petitioners and learned AGP for the respondent-State, I have gone through the orders passed in the cited matters. I find
that the case of the petitioners is squarely covered by both the orders. In view of that, I pass following order:
ORDER
a.
Writ Petition stands allowed.
b.
The impugned order dated 21.05.2011 passed by Ld. Special Land Acquisition Officer, MIW, nanded is quashed and set aside.
c.
The Special Land Acquisition Officer shall forward reference to Principal Civil Court of Original Jurisdiction along with deficiencies, if not removed by petitioners within a period of four weeks from today, subject to condition that petitioners deposit requisite Court fees.
d.
It is made clear that petitioners shall not be entitled to claim interest on enhanced compensation, if their reference is allowed for period from 21.05.2011 till date of this order. e.
Copy of this order be made part of reference to be made to Reference Court.
f.
Writ Petition stands allowed in above terms.
( AJIT B. KADETHANKAR, J. ) Rushikesh/2026