Rahul S/O Arunrao Bhoyar vs State of Maharashtra, Thr. Secretary, Irrigation and Revenue, Mumbai and Others — Bombay HC (2025) — LawSathi Research

Rahul S/O Arunrao Bhoyar vs State of Maharashtra, Thr. Secretary, Irrigation and Revenue, Mumbai and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Civil Application (CAW) No. 2551 of 2024 allowed and disposed of; applicants added as party respondent Nos.9 and 10 with amendment forthwith; notice issued to them (service waived by Mr. V.P. Panpaliya); Learned AGP directed to take instructions and file an affidavit; respondents to take appropriate steps towards payment of compensation if otherwise entitled and absent other legal impediment; writ petition listed after Christmas Vacation by consent.

Issue for consideration

Whether the applicants/intervenors should be added as party respondents in Writ Petition No. 1737 of 2023. +2 more

Court's answer

Civil Application (CAW) No. 2551 of 2024 is allowed and disposed of; the petitioner shall add the applicants as party respondent Nos.9 and 10, and the amendment shall be made forthwith.

Ratio / Principle

As per record, the Court has not prevented/injuncted respondents from paying compensation to respondent Nos.9 and 10, if otherwise entitled; the respondents shall accordingly take appropriate steps if there is no other legal impediment.

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Anil L. Pansare and Raj D. Wakode, JJ., 22 December 2025 - Civil Application (CAW) No. 2551 of 2024 in Writ Petition No. 1737 of 2023 (Rahul S/o. Arunrao Bhoyar v. State of Maharashtra & Ors.): Application allowed and disposed of; intervenor-applicants added as party respondent Nos.9 and 10, amendment forthwith; notice issued and waived by their counsel Mr. V.P. Panpaliya. Applicants' grievance: their land was acquired in 2021 for rehabilitation; award in terms of 'Act of 2013' passed on 4th June, 2021, but compensation not paid till today. Counsel relied on the then AGP's correspondence dated 8th June, 2023 recording a purported Court direction not to proceed with the rehabilitation scheme till 14th June, 2023, submitting that no injunction subsisted. The Court clarified that, as per record, it had not prevented/injuncted payment of compensation to respondent Nos.9 and 10 if otherwise entitled, and directed respondents to take appropriate steps absent any other legal impediment; Learned AGP to take instructions and file an affidavit; matter listed after Christmas Vacation by consent.

3.WP.1737.2023.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

CIVIL APPLICATION (CAW) NO. 2551 OF 2024

IN

WRIT PETITION NO. 1737 OF 2023

Rahul S/o. Arunrao Bhoyar

Vs.

State of Maharashtra & Ors.

Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. P.S. Chawhan, Advocate for the Petitioner. Mr. S.A. Ashirgade, Addl. G.P. for Respondent Nos.1, 3 to 5/State. Mr. K.R. Lule, Advocate for Respondent No.6. Mr. V.P. Panpaliya, Advocate for Applicants/Intervenors.

CORAM : ANIL L. PANSARE AND RAJ D. WAKODE, JJ. DATE : 22nd DECEMBER, 2025.

CIVIL APPLICATION (CAW) NO. 2551 OF 2024

For the reasons set out in the application, the application is allowed and disposed of. The petitioner shall add the applicants as party respondent Nos.9 and 10. Amendment shall be made forthwith.

WRIT PETITION NO. 1737 OF 2023

Issue notice to the newly added respondent Nos.9 and 10. Mr. V.P. Panpaliya, learned counsel, waives service of notice on behalf of respondent Nos.9 and 10.

The grievance of respondent Nos.9 and 10 is that their land was acquired for the purpose of rehabilitation in the year 2021. The award in terms of Act of 2013 was passed on 4^th June, 2021. The compensation, however, is not paid till today.

3.WP.1737.2023.odt 2/2

The counsel for respondent Nos.9 and 10 has invited our attention to correspondence dated 8^th June, 2023 made by the then AGP with respondent Nos.3, 4 and 5 stating therein that the Court has directed Authorities to not proceed with the rehabilitation scheme as contemplated in the petition till next Wednesday i.e. 14^th June, 2023. He submits that thereafter neither the Court granted any injunction nor was the oral order so mentioned in the communication continued at any point of time. Accordingly, he submits that nothing prevented respondents from paying compensation.

Learned AGP shall take instructions and file an affidavit.

We, however, clarify that, as per record, the Court has not prevented/injuncted respondents from paying compensation to respondent Nos.9 and 10, if otherwise entitled. The respondents shall, accordingly, take appropriate steps, if there is no other legal impediment.

By consent, list after Christmas Vacation.

( RAJ. D. WAKODE, J.) (ANIL L. PANSARE, J.)

Vijaykumar

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 22/12/2025 16:17:28