NITIN GOPINATH NAVDEKAR AND ANR. v. CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA THROUGH ITS MANAGING DIRECTOR AND ORS.
WP/10513/2017 · 2026-10-01
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DailyLaw.ai
[ 2026 DAILYLAW 13357 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13357 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
912-WP-10513-2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10513 OF 2017 Nitin Gopinath Navdekar and another … Petitioners Versus City and Industrial Development Corporation of Maharashtra and others … Respondents ****** Mr. Rahul Thakur, a/w Mr. Akshay Kamble, for Petitioners. Mr. Soham Salunke, h/f Mr. Ashutosh Kulkarni for Respondent No. 1– CIDCO. Mr. S.P. Kamble, AGP for Respondent/State. ****** CORAM :
MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE :
01st OCTOBER 2026. PC:
1. Heard learned counsel for the parties. 2. The grievance of the petitioners is that 690 sq. meters of their land located in Survey No. 244/3B of Village Owe, Taluka Panvel, District Raigad, was utilized by Respondent - City and Industrial Development Corporation of Maharashtra (CIDCO) for a Central Park abutting a road. The petitioners have prayed for a direction against the respondents to hand over the said piece of land and in the alternative, they have prayed for a direction to the respondents to acquire the same and to pay compensation. The petitioners also pray for payment of rental compensation/damages for utilization of Bhalerao 1 SWEETY RAJU BHALERAO Digitally signed by SWEETY RAJU BHALERAO Date: 2026.10.01 19:32:17 +0530
912-WP-10513-2017.doc their land without their consent from the date possession was taken. 3. In the light of orders passed by this Court on 11.08.2026, 27.08.2026 and 17.09.2026, Respondent No. 2, i.e the Special Land Acquisition Officer (SLAO)/Deputy Collector (Acquisition), Metro Center No. 3, Panvel, has filed an additional affidavit in the present writ petition. 4. In the said additional affidavit, it is specifically stated that on 12.02.2026, Respondent - CIDCO forwarded a proposal to Respondent No. 2 - SLAO for acquisition of various pieces of land, including the subject land belonging to the petitioners. A perusal of the documents annexed to the additional affidavit show that the subject land belonging to the petitioners is indeed proposed to be acquired. 5. In view of the contents of the said additional affidavit filed on behalf of Respondent No. 2 (SLAO), the writ petition can be disposed of by issuing appropriate directions. 6. In view of the above, the writ petition is disposed of as follows: (a) The Respondent No. 2 (SLAO) shall act upon the said proposal submitted by Respondent - CIDCO for acquisition of the subject land belonging to the petitioners, i.e. 690 sq.
meters in Survey No. 244/3B at Village Owe, Taluka Panvel, District Raigad. Bhalerao 2
912-WP-10513-2017.doc (b) Respondent - CIDCO shall take all necessary steps for ensuring that upon formal initiation of acquisition proceedings by Respondent No. 2 (SLAO), the process of acquisition is expedited and it is ensured that the amount of compensation is made available for disbursal to the petitioners. (c) we direct Respondent No. 2 (SLAO) to immediately commence the process of acquisition and to complete the same within a period of 9 months from today. As directed hereinabove, Respondent - CIDCO shall co-operate with Respondent No. 2 (SLAO) to ensure that the award is rendered within the said period of 9 months and the amount of compensation is disbursed to the petitioners. (d) The Respondent No. 2 (SLAO), while assessing the amount of compensation in the acquisition proceedings, shall also assess the amount payable to the petitioners towards rental compensation/damages for the period between the point in time when possession of the subject land was taken till pronouncement of the award. The amount of rental compensation/damages shall be determined as per the policy of the State and/or judgments of the Supreme Court in that Bhalerao 3
912-WP-10513-2017.doc regard. (e) Since the acquisition is for the benefit of Respondent - CIDCO, it is the said Respondent - CIDCO that shall be responsible for the financial implication of the acquisition proceedings. In this context, we specifically refer to note dated 25.11.2025 recorded in the documents filed with the said additional affidavit, specifically stating that the financial burden of the acquisition proceedings shall be borne by CIDCO. 7. Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Bhalerao 4