Kana Alias Kanha Chahu Keni And ORS v. The State Of Maharashtra Thr Addl Chief Sec. Urban Dev. And ORS
Digitally signed by ANANT KRISHNA NAIK Date:
2026.02.04 10:37:16 +0530 ANANT KRISHNA NAIK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(12) WRIT PETITION NO. 8037 OF 2024 Janardan Chandar Patil (Deceased) Thr Lhrs & Ors
...Petitioners
Versus
The State Of Maharashtra & Ors
...Respondents
AND
(15) WRIT PETITION NO. 15848 OF 2024 Keru Alias Savalaram Raghunath Deshmukh & Ors
...Petitioners
Versus
The State Of Maharashtra & Ors
...Respondents
AND
(17) WRIT PETITION NO. 13108 OF 2025 Baliram Nama Pardeshi And Ors
...Petitioners
Versus
The State Of Maharashtra & Ors
...Respondents
AND
(18) WRIT PETITION NO. 16153 OF 2025 Kana Alias Kanha Chahu Keni And Ors
...Petitioners
Versus
The State Of Maharashtra & Ors
...Respondents
_______ Adv. Deepa S. Punde h/f. Sachin S. Pune for the Petitioners in all WPs Adv. A. M. Kulkarni a/w. Adv. Vipul Raul for the Respondent-CIDCO in WP/8037/2024 and WP/15848/2024 Smt. T. N. Bhatia, AGP for the Respondent-State in WP/8037/2024 Mr. R. S. Pawar, AGP for the Respondent-State in WP/15848/2024 Adv. Soham Bhalerao i/b. DSK Legal for the Respondent-CIDCO in WP/13108/2025 and WP/16153/2025 Adv. O. A. Chandurkar, Addl. GP a/w. Adv. G. R. Raghuwanshi, AGP for the Respondent-State in WP/13108/2025 Adv. B. V. Samant, Addl. GP a/w. Adv. T. N. Bhatia, AGP for the Respondent-State in WP/16153/2025
CORAM:
MANISH PITALE & SHREERAM V. SHIRSAT, JJ.
DATE:
2nd FEBRUARY 2026.
P.C.
1.
In these Writ Petitions, the Petitioners are landowners/claimants who had approached the Reference Court for enhancement of the compensation with regard to the acquisition of their respective lands. The Reference Court had partly allowed their Applications and the quantum of compensation was enhanced.
2.
In all these Petitions, the grievance of the Petitioners is that despite the Petitioners instituting execution proceedings and long period of time having elapsed from the time the Reference Court had passed orders partly allowing their Applications for enhancement of quantum of compensation, till date the amounts have not been disbursed to them. 3.
It is in this backdrop that the Petitioners have sought a mandamus to the Respondents to deposit the enhanced amounts as per the order of the Reference Court within a specific period of time so that the grievance of the Petitioners is satisfied and the accumulating interest on the said amount, also comes to the halt.
4.
In this context, the learned Counsel for the Petitioners have placed reliance on numerous judgments and orders passed by various Division
Benches of this Court. These includes orders passed by the Division Bench of this Court in the case of Ramesh Shivram Kadu and Others vs. the State of Maharashtra and Others (order dated 2nd May 2025 passed in Writ Petition No. 4356 of 2025) and Dehubai Ramchandra Keni (deceased) through her Legal Heirs and Representative Lahu Ramchndar Keni and Others vs The State of Maharashtra and Others (order dated 16th December 2025 passed in Writ Petition No. 62 of 2025). 5.
One of aforesaid order went to the extent of directing that if the amounts are not paid within the time stipulated by this Court, responsible officers would be held personally liable to pay the interest component. 6.
We are of the opinion that delay of each day in disbursing the enhanced amount of compensation as per the orders of the Reference Court leads to the accumulation of interest, which obviously also adversely affects the Respondent-City and Industrial Development Corporation (Maharashtra) Limited (CIDCO) as it is the beneficiary of the acquisition and the liability towards payment of amount is that of CIDCO. We find that it is against public interest to let such interest be accumulated, apart from the fact that the rights of the Petitioners are also adversely affected due to unnecessary delay in disbursing the amount.
7.
Hence, following the orders passed by various Division Benches of this Court, we dispose of these Petitions by issuing the following directions:
(a) The Respondent-Deputy Collector (Land Acquisition) in these Petitions is directed to submit fresh proposals to the Respondent-CIDCO, calculating the amounts payable to the Petitioners herein alongwith interest and all statutory benefits, within a period of three weeks from a copy of the order being produced before the Respondent-Deputy Collector (Land Acquisition).
(b) CIDCO, upon receipt of the fresh proposals, shall deposit the amounts as indicated in the proposals within a period of four weeks of receipt of such proposals. The amount shall be deposited with Respondent - Deputy Collector (Land Acquisition) pertaining to the cases of the Petitioners in these Petitions.
(c) The Respondent-Deputy Collector (Land Acquisition) shall in turn deposit the said amounts within a period of two weeks with the respective Reference Courts concerning the proceedings initiated by the Petitioners in these Writ Petitions.
(d) The Reference Court shall disburse the amounts so deposited upon Applications for withdrawal being made by the Petitioners. The disbursal of the amounts shall be
carried out expeditiously and in any case within two weeks of such Applications for withdrawal being made by the Petitioners 8.
The Writ Petitions are disposed of in above terms. All pending Applications are also disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)