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.

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 petition. The principal grievance of the petitioner was that a piece of land belonging to him and his predecessor was utilized by Respondent No.1-Municipal Council for the construction of road and despite being deprived of the piece of land, no steps were taken for adequately compensating the petitioner.

4. Before appreciating the rival submissions, a reference to the chronology of the events would be necessary. The documents on record show that on 11.06.1979, a layout was sanctioned concerning CTS No.683A/1B, situated in municipal limits of Baramati, District Pune. The order sanctioning the layout specified certain conditions. The Respondent No.1-Municipal Council heavily relies upon these conditions to oppose the prayer made in the present petition.

5. On 07.02.1991, the Chief Officer of Respondent No.1- Municipal Council sent a communication to the predecessor of the original petitioner, stating that the subject piece of land would be required for the construction of road and that she should co-operate in handing over possession, even prior to the determination of the value of the piece of land. The predecessor of the original petitioner responded positively to the offer made on behalf of Respondent No.1-Municipal Council and accordingly, possession of the piece of land was handed over. It would be relevant to mention here that the said piece of land, on which the road was eventually constructed by Respondent No.1-Municipal Council, admeasured 1344.94 square meters at CTS No.683A/1B in Taluka Baramati, District Pune. Although the writ petition refers to a larger area, the learned counsel for the petitioners, in all fairness, referred to ‘Exhibit N’ to submit that the area with which this petition is concerned admeasures 1344.94 square meters.

6. Thereafter, on 11.03.1991, the predecessor of the original petitioners sent a communication to the Chief Officer of Respondent No.1-Municipal Council demanding compensation at the rate of Rs. 50 per square feet, considering the market value of the land at the relevant point in time. In this context, on 26.04.1991, the Chief Officer of Respondent No.1-Municipal Council sent a letter to the Assistant Director, Town Planning, stating that if the valuation of the subject land was determined, the Municipal Council was ready to pay the amount to the predecessor of the original petitioners. This communication is crucial, as it indicates willingness on the part of Respondent No.1-Municipal Council itself to adequately compensate the land owner for utilization of the subject piece of land. It appears that further steps in that regard were not being taken due to which, the predecessor of the original petitioners had to approach the Office of the Chief Minister of the State of Maharashtra. The Private Secretary of the Chief