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2026 DAILYLAW 3472 (BOM)

HARIRAM PATILBUVA KENDRE AND OTHERS v. THE STATE OF MAHARASHTRA AND OTHERS

WP/1352/2026 · 2026-08-17

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Judgment text

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1 209-WP-1352-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1352 OF 2026 HARIRAM PATILBUVA KENDRE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Mr. Shashikant E. Shekade, Advocate for the Petitioner Mr. V. M. Kagne, AGP for Respondents/State ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 17th AUGUST, 2026 PER COURT : 1. This petition is filed seeking following reliefs:- “B. Issue Writ of mandamus or any other appropriate writ or order against respondents to complete the acquisition proceeding and to pay the compensation for the award which by passed U/Sec. 25 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 in respect of acquired lands of the Petitioners as described in para No.3 of the Writ Petition which is used for the Percolation Tank No.4, Kendrewadi, Tq. Ambajogai, Dist. Beed. C. The respondents be directed to pay amount of interest payable u/sec.80 of the Act, 2013 in File No.01/1997.“ 2. By order dated 11/03/2026, this Court directed respondent No.3 Collector, Beed to deposit amount of Rs.50,00,000/- in this Court within a period of six weeks from the date of order. Pursuant to the said order the amount is deposited. 3. Respondent Nos.3 and 4 have filed affidavit-in-reply contending that since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement SVH 2026:BHC-AUG:37397-DB 2 209-WP-1352-26.odt Act, 2013 (for short ‘the said Act’) was implemented from 01/01/2014 and possession was already taken but amount of compensation was not paid within 5 years from commencement of the said Act, and award was passed prior to 01/01/2014 under the old Land Acquisition Act, in view of Section 24(2) of the said Act, respondent No.4 has calculated the amount of compensation as per Sections 26 to 30, considering the three years prior to 01/01/2014. The chart showing E-Statement is placed on record at Exhibit-R-2. Accordingly, requisition for amount of compensation to be disbursed to the petitioners is forwarded to respondent No.3 on 23/03/2026. 4. Learned AGP, on instructions, submits that the amount is deposited in this Court. Learned advocate for petitioners disputes the calculations made by the respondents. Be that as it may. 5. The writ petition is disposed of by granting permission to the petitioners to withdraw the amount of their respective shares. Petitioners are at liberty to file proceedings under Section 64 of the said Act. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) SVH