Vijay Dnyanoba Kharat And Others v. The State Of Maharashtra Through Principal Secretary And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 1069 WRIT PETITION NO.3703 OF 2025 ANIRUDH SUBASH NAIK
VERSUS
STATE OF MAHARASHTRA AND OTHERS ...
Mr. A.B. Kale, Advocate h/f Mr. P.A. Bhosle, Advocate for petitioner Mr. A.R. Kale, AGP for respondent Nos.1, 2 and 4 Mr. A.V. Indrale Patil for respondent Nos.3 and 5 ...
WITH CIVIL APPLICATION NO.11517 OF 2025 IN WP/3703/2025 ...
WITH WRIT PETITION NO.3229 OF 2025 ...
WITH WRIT PETITION NO.5709 OF 2025 ...
WITH WRIT PETITION NO.8302 OF 2025 ...
CORAM :
SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.
DATE :
15th OCTOBER, 2025 ORDER :
.
Learned Advocate for petitioner states that now the Award has been passed and possession of lands would be taken which is against the agreement that was entered into. Learned Advocate for respondent No.3 disputes that there was an agreement. But he states that the Award has been
1069_WP_3703_2025 drawn and further proceedings would be taken up. It appears that on 24.03.2025 this Court has specifically observed that there is no reason to stay the operation of impugned communication dated 10.01.2025, but prior to that taking into consideration the contention by petitioner that if there is already an agreement any subsequent communication like impugned order dated 10.01.2025 would not matter. The terms of the contract cannot be altered unilaterally so as to adversely affect the rights of petitioner based on the agreement allegedly entered.
The dispute mainly appears is in respect of amount of compensation, because there appears to be no resistance as such for the acquisition. Every holder of the land is definitely entitled to get fair compensation. But taking into consideration the fact that now the Award is passed and the further proceedings appears to have not been started, we direct that no further proceedings be taken up till 11.11.2025. Place the matters for further consideration at 3.30 p.m. on 11.11.2025.
( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd