Syed Abbas Husain Ahmed Husain and Another Vs the State of… — Land Acquisition | Bombay HC (2025)

Syed Abbas Husain Ahmed Husain and Another Vs the State of… — Land Acquisition | Bombay HC (2025)

What the court decided

AI extract

Outcome

Contempt petition disposed of upon the Court recording the respondents' statement as an undertaking to complete the land acquisition process within the stipulated time of one year and to disburse compensation to the petitioner within eight weeks thereafter; failure to follow the time stipulation to be treated as an aggravated form of contempt; connected Civil Application No. 8042 of 2023 also disposed of.

Issue for consideration

Whether the contempt petition alleging non-initiation of the land acquisition process directed by this Court in 2018 should be disposed of in view of the steps taken by the respondents and their undertaking as to the timeline for acquisition and payment of compensation.

Court's answer

The Court recorded the respondents' statement — completion of the acquisition process within the stipulated time of one year and disbursement of compensation to the petitioner within eight weeks thereafter — as an undertaking to the Court, and disposed of the contempt petition.

Ratio / Principle

If the time stipulation is not followed by the respondents, the default will be treated as an aggravated form of contempt.

Key takeaways

In view of the disposal of the contempt petition, the connected civil application (Civil Application No. 8042 of 2023) stands disposed of.ratio¶31

Detailed headnote1 paragraphs

Contempt petition (CONT. PETITION NO. 84 OF 2023 in WP/5728/2018), High Court of Bombay, Aurangabad Bench (Nitin B. Suryawanshi and Vaishali Patil Jadhav, JJ.; order dated 24.11.2025): Although this Court had directed in 2018 initiation of acquisition of the petitioners' land, the process was not initiated within reasonable time. The Municipal Council's Special Leave Petition against the order of which contempt was claimed was dismissed by the Apex Court on 02.12.2022, whereafter further process was initiated. By communication dated 20.11.2025 the Collector, Parbhani appointed the Sub Divisional Officer and Land Acquisition Officer, Gangakhed as Land Acquisition Officer, and by communication dated 21.11.2025 the Special Land Acquisition Officer requested the Government Press, Chhatrapati Sambhajinagar to publish a notification under Section 11(1) of the Land Acquisition Act, 2013 in respect of the petitioners' land. Recording the learned AGP's statement that the acquisition process would be completed within the stipulated time of one year and compensation disbursed to the petitioner within eight weeks thereafter as an undertaking to the Court, the Division Bench disposed of the contempt petition, making it clear that breach of the time stipulation would be treated as an aggravated form of contempt. The connected Civil Application No. 8042 of 2023 was also disposed of.

2025:BHC-AUG:32204-DB

{1} 6-CP-84-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

CONT. PETITION NO. 84 OF 2023 IN WP/5728/2018

Syed Abbas Husain Ahmed Husain And Others ….Petitioners

VERSUS

The State Of Maharashtra And Others …..Respondents

Mr. S.S. Bora, Advocate for the Petitioners Mr. A.V. Lavte, AGP for State Mr. S.N. Janakwade, Advocate for respondent No. 4

WITH

CIVIL APPLICATION NO. 8042 OF 2023 IN CP/84/2023

Shirin Syed Ahmed Hussain Abed Saleem And Another .....Applicants

VERSUS

Syed Abbas Husain Ahmed Husain & Others .....Respondents

Mr. V.P. Patil, Advocate for Applicant Mr. A.V. Lavte, AGP for State Mr. S.S. Bora, Advocate for respondents No. 1 to 3 Mr. S.N. Janakwade, Advocate for respondent No. 6

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL JADHAV, JJ.

DATE : 24^th NOVEMBER, 2025

ORDER :

Though, directions were issued by this Court in the year

2018 for initiating acquisition process of petitioner’s land, the process

Bhagyawant Punde

{2} 6-CP-84-2023

was not initiated within reasonable time.

It is submitted on behalf of respondents that Municipal Council had approached the Apex Court challenging the order of which contempt is claimed and the Special Leave Petition was dismissed on 02.12.2022. Thereafter, the further process was initiated.

Learned AGP has placed on record copy of communication dated 20.11.2025 addressed by the Collector, Parbhani to Sub Divisional Officer and Land Acquisition Officer, Gangakhed, thereby appointing him as Land Acquisition Officer and asking him to commence the process of acquisition of petitioner’s land. By communication dated 21.11.2025, the Special Land Acquisition Officer has forwarded a communication to the Manager of Government Press, Chhatrapati Sambhajinagar requesting to publish a notification under Section 11(1) of Land Acquisition Act, 2013, in respect of petitioner’s land.

Learned AGP submits that after the said notification is punished, further process will be completed within stipulated time of one year and compensation will be disbursed to the petitioner within 8 weeks thereafter.

We record said statement as undertaking to this Court and dispose of the contempt petition.

Bhagyawant Punde

{3}

6-CP-84-2023

It is made clear that if time stipulation is not followed by the respondents, the same will be treated as aggravated form of contempt.

In view of disposal of contempt petition, civil application stands disposed of.

(VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.)

Bhagyawant Punde