Darshan Dhanaji Mhatre and Ors. vs the Deputy Collector Land… — Land Acquisition | Bombay HC (2026)

Darshan Dhanaji Mhatre and Ors. vs the Deputy Collector Land… — Land Acquisition | Bombay HC (2026)

What the court decided

AI extract

Outcome

Writ Petition allowed with directions: Respondent Nos. 1 and 2 to send proposals for payment of compensation per re-determination under s.28(A) awards to CIDCO within four weeks of a copy of the order being produced; interest @ 15% per annum on the re-determined amounts from the date of respective awards till actual payment; CIDCO to deposit the amounts with Respondent Nos. 1 and 2 within four weeks of receipt of proposals; Respondent Nos. 1 and 2 to intimate the Petitioners and disburse within three weeks of deposit. All pending Applications disposed of.

Issue for consideration

Whether the Respondents should be directed to take necessary steps for disbursal of the compensation amount as per the award declared by Respondent Nos. 1 and 2 u/s. 28(A) of the Land Acquisition Act, 1894. +1 more

Court's answer

The Court found that the disbursal of compensation was delayed due to procedural aspects and the Respondents' failure to immediately act upon the re-determination of compensation as per the award passed u/s. 28(A) of the said Act; the Respondents could not deny the Petitioners' factual assertions.

Ratio / Principle

Respondent Nos. 1 and 2 are directed to send proposals for payment of compensation in the case of the Petitioners as per the re-determination of compensation under awards passed u/s. 28(A) of the said Act.

Key takeaways

Such proposals shall be forwarded to the Respondent-City and Industrial Development Corporation (Maharashtra) Limited (CIDCO) within four weeks of a copy of the order being produced before Respondent Nos. 1 and 2.ratio¶23
Interest @ 15% per annum shall be payable on the re-determined amounts from the date of the respective awards u/s. 28(A) of the said Act, till actual payment.ratio¶27
Upon receiving the proposals from Respondent Nos. 1 and 2, Respondent-CIDCO shall deposit the amounts with Respondent Nos. 1 and 2 within four weeks of receipt of such proposals.

Detailed headnote1 paragraphs

Bombay High Court (Appellate Side, Civil Jurisdiction), Manish Pitale & Shreeram V. Shirsat, JJ., 2 February 2026, allowed Writ Petition No. 15016 of 2024 (Darshan Dhanaji Mhatre & Ors. v. The Deputy Collector (Land Acquisition) & Ors.). Awards re-determining compensation u/s. 28(A) of the Land Acquisition Act, 1894 had been passed in the Petitioners' favour from 2020 onwards, but the amounts remained undisbursed for more than five years; the Respondents could not deny the factual assertions and offered no explanation for the delay. Directions issued: Respondent Nos. 1 and 2 to send compensation proposals to CIDCO within four weeks of a copy of the order being produced before them; interest @ 15% per annum payable on the re-determined amounts from the date of the respective s.28(A) awards till actual payment; CIDCO to deposit the amounts with Respondent Nos. 1 and 2 within four weeks of receipt of the proposals; Respondent Nos. 1 and 2 to intimate the Petitioners and disburse the amounts within three weeks of the deposit. All pending applications disposed of.

13.WP.15016.2024.DOC

Digitally signed by ANANT ANANT KRISHNA KRISHNA NAIK IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAIK Date: 2026.02.04 APPELLATE SIDE CIVIL JURISDICTION 10:49:28 +0530

WRIT PETITION NO. 15016 OF 2024

Darshan Dhanaji Mhatre And Ors V/S

The Deputy Collector (Land Acquisition) And Ors.

....Petitioners

...Respondents

Adv. Deepa S. Punde h/f. Sachin S. Pune for the Petitioners Mr. S. H. Kankal, AGP for the Respondent Nos. 1, 2, 3 & 6-State Adv. Soham Bhalerao i/b. DSK Legal for the Respondent No. 5-CIDCO d

CORAM: MANISH PITALE &

SHREERAM V. SHIRSAT, JJ.

DATE: 2^nd FEBRUARY 2026.

P.C.

Heard learned Counsel for the parties.

By this Writ Petition, Petitioners are seeking directions to the

Respondents to take necessary steps for disbursal of compensation amount as per award declared by the Respondent Nos. 1 and 2 u/s. 28(A) of the Land Acquisition Act, 1894 (‘the said Act’ for short).

It is the case of the Petitioners that such awards were passed in favour of the Petitioners from the year 2020 onwards and despite the long period of more than 5 years having elapsed , the amounts as per the said awards have not been disbursed in favour of the Petitioners.

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13.WP.15016.2024.DOC

The Respondents could not deny the factual assertions made on behalf of the Petitioners. It appears that the disbursal of compensation was delayed due to procedural aspects and failure on the part of the Respondents to immediately act upon such re-determination of compensation as per award passed u/s. 28(A) of the said Act.

Since there is no explanation on the part of the Respondents as to why the re-determined amounts have not been disbursed, we are inclined to allow this Writ Petition in terms of orders passed in similar cases by various Division Benches of this Court.

In view of the above, the Writ Petition is allowed by issuing the following directions:

(a) The Respondent Nos. 1 and 2 shall send proposals for payment of compensation in the case of the Petitioners as per re-determination of compensation under awards passed u/s. 28(A) of the said Act. Such proposals shall be forwarded to the Respondent-City and Industrial Development Corporation (Maharashtra) Limited (CIDCO) within four weeks of a copy of this order being produced before the Respondent Nos. 1 and 2.

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13.WP.15016.2024.DOC

(b) Interest @ 15% per annum shall be payable on the re-determined amounts from the date of respective awards u/s. 28(A) of the said Act, till actual payment.

(c) Upon the Respondent-CIDCO receiving the proposals from the Respondent Nos. 1 and 2, it shall deposit the amounts within four weeks of receipt of such proposals, with the Respondent Nos. 1 and 2.

(d) As soon as the amounts are received in the offices of the Respondent Nos. 1 and 2, they shall intimate the Petitioners and fix a date for disbursal of the amounts within three weeks of the amounts being deposited by the Respondent-CIDCO and thereupon disburse such amounts.

The Writ Petition is allowed in above terms. All pending Applications are also disposed of.

(SHREERAM V. SHIRSAT, J.)

(MANISH PITALE, J.)

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