Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, MANJUSHA DESHPANDE
Sha Vijay Anandrao Sawant, Smt. Mangal Madhukar Sawant, (Since deceased through his legal representative) – Appellant
Versus
Baramati Nagar Parishad, Baramati, Pune, through its Chief Officer – Respondent
| Table of Content |
|---|
| 1. extended duration of pending writ petition. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding compensation and constitutional rights. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. court's analysis of constitutional rights under article 300a. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. final ruling to allow the writ petition. (Para 29 , 32 , 34) |
| 5. order to acquire the land and determine compensation. (Para 30 , 31) |
JUDGMENT :
MANISH PITALE, J.
Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel for the parties.
2. This writ petition has been pending in this Court since the year 2002. The record shows that it was directed to be taken up for final hearing, but it could not be finally heard despite having remained part-heard on a few occasions. The respondents filed their reply affidavits to oppose this petition and considering that this petition has been pending in this Court for the past 23 years, by an order dated 12.11.2025, it was directed to be listed for final hearing today.
3. The original petitioner is now represented by his legal representatives, as he expired during the pendency of this writ peti
The right to property under Article 300A mandates just compensation for land utilized by authorities, overriding regulations allowing nominal payment, ensuring constitutional protections are upheld.
(1) Article 300A though not a fundamental right but nevertheless it has status of being a constitutional or a statutory right.(2) Acquisition of land – Non-payment of compensation would be arbitrary ....
Forcible dispossession of property without due process violates constitutional rights; delay and laches are not applicable in cases of continuing cause of action.
Suppression of prior agreement waiving compensation for retained land in acquisition bargain constitutes unclean hands, barring writ relief for return or enhanced compensation; long-term leases for t....
Landowners have a constitutional right to compensation for land utilized for public projects, and claims cannot be dismissed based on implied consent or delay in seeking redress.
The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
No award under Section 11 of 1894 Act for specific land post Section 6 declaration causes lapse under Section 11A; mandates fresh acquisition under 2013 Act; delay/laches inapplicable, protects Artic....
Landowners are entitled to due process and compensation for property utilized by the State without formal acquisition, as under Article 300A of the Constitution.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
