1 113.WP.7546.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7546 OF 2026 SACHHIDANAND SHANKAR MOGAL AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ... Advocate for the Petitioners : Mr. Ram S. Shinde AGP for Respondent/State : Mr. N.D. Batule Advocate for Respondent No.6 : Mr. Shrirang S. Dande … CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 29.09.2026 PER COURT: 1. This petition seeks a direction to the respondents to constitute a joint committee consisting of Respondent Nos.3 to 6 or their representative for conducting fresh spot inspection and joint measurement of fruit trees of the petitioners standing on the acquired land Gat No.51, Village Nilajgaon Taluka Paithan Dist. Chhatrapati Sambhajinagar and to submit an evaluation report before this Court. 2. By award dated 18.04.2016, land admeasuring 11 Hectares 40 Ares belonging to the petitioners came to be acquired. Notification 2026:BHC-AUG:46130-DB 2 113.WP.7546.26.odt under Section 32(2) was issued on 13.11.2014. In the award it is specifically mentioned that the award is in respect of only for paying compensation of acquired land and compensation for trees, wells and structures, order will be passed separately in part B, because yet the valuation of the Trees and Structures is not received from the concerned authorities. The petitioner contends that the age of the trees is wrongly mentioned in the joint measurement. 3. The respondents have denied the contention of the petitioners stating that in fact as per Google Map as on the date of issuance of notification there were no trees. However, on perusal of the joint measurement report dated 29.12.2016, the age of the trees appearing in the lands of the petitioners is mentioned as on the date of issuance of notification under Section 4 (Exhibit R-4 page 95). 4. In the light of the aforestated facts, we deem it appropriate to dispose of this petition by directing the respondents to pass an award in respect of the fruit-bearing trees, structures etc., if any, and pay the compensation to the petitioners on the basis of the joint measurement done by the respondents, in the presence of the petitioners on 29.12.2016. While calculating the compensation, the valuation shall be done on the basis of the age of the trees as on the date of issuance of the notification under Section 4 (i.e. Exhibit R-4 page 95). The respondents shall complete this exercise within a period of twelve 3 113.WP.7546.26.odt weeks and shall pay the compensation to the petitioners within twelve weeks thereafter. The writ petition is disposed of with above directions. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) habeeb/