Darshan Dhanaji Mhatre And ORS v. The Deputy Collector Land Acquisition And ORS

Digitally signed by ANANT KRISHNA NAIK Date:

2026.02.04 10:49:28 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 15016 OF 2024 Darshan Dhanaji Mhatre And Ors ....Petitioners V/S The Deputy Collector (Land Acquisition) And Ors.

...Respondents

_______ Adv. Deepa S. Punde h/f. Sachin S. Pune for the Petitioners Mr. S. H. Kankal, AGP for the Respondent Nos. 1, 2, 3 & 6-State Adv. Soham Bhalerao i/b. DSK Legal for the Respondent No. 5-CIDCO d _______

CORAM:

MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE:

2nd FEBRUARY 2026.

P.C.

1.

Heard learned Counsel for the parties.

2.

By this Writ Petition, Petitioners are seeking directions to the Respondents to take necessary steps for disbursal of compensation amount as per award declared by the Respondent Nos. 1 and 2 u/s. 28(A) of the Land Acquisition Act, 1894 ('the said Act' for short). 3.

It is the case of the Petitioners that such awards were passed in favour of the Petitioners from the year 2020 onwards and despite the long period of more than 5 years having elapsed, the amounts as per the said awards have not been disbursed in favour of the Petitioners.

4.

The Respondents could not deny the factual assertions made on behalf of the Petitioners. It appears that the disbursal of compensation was delayed due to procedural aspects and failure on the part of the Respondents to immediately act upon such re-determination of compensation as per award passed u/s. 28(A) of the said Act. 5.

Since there is no explanation on the part of the Respondents as to why the re-determined amounts have not been disbursed, we are inclined to allow this Writ Petition in terms of orders passed in similar cases by various Division Benches of this Court.

6.

In view of the above, the Writ Petition is allowed by issuing the following directions:

(a) The Respondent Nos. 1 and 2 shall send proposals for payment of compensation in the case of the Petitioners as per re-determination of compensation under awards passed u/s. 28(A) of the said Act. Such proposals shall be forwarded to the Respondent-City and Industrial Development Corporation (Maharashtra) Limited (CIDCO) within four weeks of a copy of this order being produced before the Respondent Nos. 1 and 2.

(b) Interest @ 15% per annum shall be payable on the re-determined amounts from the date of respective awards u/s. 28(A) of the said Act, till actual payment.

(c) Upon the Respondent-CIDCO receiving the proposals from the Respondent Nos. 1 and 2, it shall deposit the amounts within four weeks of receipt of such proposals, with the Respondent Nos. 1 and 2.

(d) As soon as the amounts are received in the offices of the Respondent Nos. 1 and 2, they shall intimate the Petitioners and fix a date for disbursal of the amounts within three weeks of the amounts being deposited by the Respondent-CIDCO and thereupon disburse such amounts.

7.

The Writ Petition is allowed in above terms. All pending Applications are also disposed of.

(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)