The Special Land Acquisition Officer, Special Unit No. 2, Pimpri, v. Vijay Pandurang Bankar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 943 OF 2026 IN WRIT PETITION NO. 4640 OF 2022 The Special Land Acquisition Officer, Special Unit No.II, Pimpri ...

Applicant/ Orig. Resp. No.3 In the matter between:

Vijay Pandurang Bankar and others ...

Petitioners vs.

The State of Maharashtra, Through its Secy., Urban Development Department and others ... Respondent Ms. Madhavi Ayyapppan a/w. Mr. Vidyasagar Bhave, i/b. Talekar and Associates for petitioners.

Ms. Vrishali Raje, AGP for respondent-State.

Mr. Rohit Sakhadeo for respondent No.2-PCMC.

Ms. Shubhada Patil, Planning Assistant.

CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE :

12th FEBRUARY, 2026 P.C. :

.

This interim application is filed by the original respondent No.3-Special Land Acquisition Officer (SLAO), seeking extension of time for complying with the direction issued by this Court in an order dated 30.04.2025, while disposing of Writ Petition No.4640 of 2022. 2.

By the said order, a Division Bench of this Court had directed the applicant (respondent No.3) to complete the process of by PRIYA KAMBLI Date: 2026.02.12 17:50:22 +0530 PRIYA KAMBLI acquisition and passing an award with regard to the lands belonging to the petitioners on or before 31.03.2026. By this application, the applicant is seeking extension of time by 6 months to comply with the said order.

1/4

3.

When this application was listed on 04.02.2026 before this Court, we were informed that one of the reasons why the applicantrespondent No.3 may not be able to complete the process by 31.03.2026, was delay on the part of respondent No.2-Pimpri Chinchwad Municipal Corporation (corporation) to deposit 50% of the compensation amount. On the said date of hearing, a grievance was also raised on behalf of the original petitioners that even the aspect of rental compensation was not considered by the respondent No.2-corporation, despite the specific direction issued in paragraph No.12 of the order dated 30.04.2025 that the said respondent would dispose of the representation of original petitioners, with regard to their demand of rental compensation expeditiously and in any case, within 2 months from the date of the order.

4.

In that light, on 04.02.2026, we had called upon the learned counsel appearing for the said respondent to take specific instructions in the matter.

5.

Today when the application is called out for hearing, the learned counsel for respondent-corporation has tendered affidavit of the Deputy Director, Town Planning Department of the respondentcorporation. The same is taken on record. 6.

The relevant contents of the said affidavit read as follows: '3.

I say that, most of the relevant correspondence between PCMC and the Concerned office/officers of State Government is already part of the present interim application. After receiving the communication dated 18/11/2025 regarding the amount of land acquisition compensation from the SLAO, PCMC carried out further due process. Thereafter, PCMC has deposited total amount of Rs.13,30,83,000/- by cheque dated 6/02/2026 with the SLAO by communication dated 6/02/2026. Hereto annexed and marked as Exhibit R-1 (Colly) 2/4

is the copy of cheque dated 6/02/2026 along with communication dated 6/02/2026. The said amount includes tentative amount of Rs.1,46,59,450/- towards 50% share of compensation payable towards land acquisition to the share of the Petitioners.

4.

As regards the issue of deciding the issue of rental compensation application made by the Petitioner, it is most respectfully submitted that, the Hon'ble Municipal Commissioner will be fixing and intimating date of hearing to the Petitioners. The date of hearing will be within 10 working days from today. The Petitioner's application for rental compensation dated 14/05/2025 will be decided in accordance with law after giving opportunity of hearing to the Petitioners as directed by this Hon'ble Court while disposing of the Petition. The decision on the Petitioner's application will be taken by commissioner on priority and as early as possible after hearing takes place on the Petitioner's application.

5.

I further say that, the time consumed in taking steps as regards the Petitioner's application for rental compensation was not intentional. Even as regards the depositing of 50% of tentative amount with SLAO, the time consumed was due to the administrative process, necessary correspondence etc. The time taken/delay for the same was not intentional. PCMC including its Municipal Commissioner has the highest respect towards the orders passed by this Hon'ble Court.'

7.

The learned counsel for the respondent-corporation submits that the above-quoted contents of the affidavit, are self-explanatory and that the officials of respondent-corporation shall abide by the undertakings given to this Court.

8.

We find that the amount of 1,46,59,450/- towards 50% ₹ share of the compensation payable to the petitioners, has been deposited with the applicant/respondent No.3-SLAO. This is towards the tentative calculation of compensation payable to the petitioners. 3/4

We see no impediment in directing the applicant/respondent No.3 to disburse the said amount to the petitioners, subject to determination of final compensation amount. The said amount shall be disbursed to the petitioners within two weeks from today.

9.

As regards the aspect of rental compensation, the abovequoted portion of the affidavit of the respondent-corporation clearly shows that first hearing with regard to the said claim of the original petitioners will be fixed on any date upto 20.02.2026. Respondentcorporation shall abide by the said statement. 10.

We further direct that the process of hearing and passing order on the representation dated 14.05.2025 of the original petitioners, seeking grant of rental compensation, shall be completed on or before 31.03.2026. No further extension of time shall be granted. 11.

As regards the prayer in this application filed on behalf of applicant/respondent No.3 for extension of time to abide by the direction contained in the order dated 30.04.2025, for completing the acquisition process and passing of award, in the facts and circumstances of the present case, we are inclined to grant the prayer.

12.

Accordingly, the application is allowed in terms of prayer clause (a). Consequently, the applicant is granted extension of time till 30.09.2026 to abide by the direction issued in the order dated 30.04.2025 passed by this Court.

13.

The application is disposed of.

(SHREERAM V. SHIRSAT, J) (MANISH PITALE, J.) Priya Kambli 4/4