2025:BHC-AS:46921-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8716 OF 2024 1. Rashid Tukadu Bagwan,Age 70 years, 2. Rahim Tukade Bagwan, Age 58 years, 3. Harun Tukadu Bagwan, Age 56 years, 4. Akil Tukadu Bagwan, Age 53years, All R/o.Palasadae, Tal.Malegaon, Dist.Nashik Petitioners Versus

1. The State of Maharashtra through Principal Secretary, Irrigation Department

2. The District Collector, Nashik

3. The SDO @ Land Acquisition, Malegaon Sub Division

4. The Co-ordination Officer (Land Acquisition)

5. The Executive Engineer, Dhule Irrigation Department

6. The SDO, Irrigation Department, Dhule Respondents _______

Mr.J.G.Aradwad Reddy for Petitioner.

Ms.Dhruti Kapadia, AGP, for Respondent State.

Mr.Tushar Sonawane for Respondent nos.5 and 6.

_______

CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

DATE: 6^th October 2025 JUDGMENT (Per : Aarti Sathe, J.) :-

1. This is yet another case where the acquisition of land has been made without following the due process of law as envisaged under the provisions of Right to fair compensation and transparency in land Acquisition, Rehabilitation And Resettlement Act, 2013 (hereinafter referred to as “Act of 2013”) and/or the MANISH D M i A g N ita IS ll H y signed by SURESHRAO SURESHRAO THATTE THATTE D 14 a : t 5 e 5 : : 2 4 0 4 2 + 5. 0 1 5 1 3 .0 0 6 provisions of Land Acquisition Act, 1894, thereby depriving the persons whose lands have been acquired without compensations. It is well settled that such right has been protected under Article 300A of the Constitution of India which envisages that a person cannot be deprived of their property save by authority of law. The Supreme Court and this Court have time and again in various decisions have recognized such rights of the owners of the land who were granted reliefs, considering that their lands were acquired without following due process of law.

2. In the present case also, we are confronted with similar situations wherein lands belonging to the Petitioners have been acquired, however, no compensation was paid to them. This to our mind is completely contrary to the objects and reasons for which the Act of 2013 was passed and brought into effect. It is a legislation which is intended to ensure that the owners of the land become partners in the development leading to an improvement in their post-acquisition social and economic status and for matters connected herewith and incidental thereto. The short object for which the Act of 2013 has been enacted is reproduced below :-

“An Act to ensure, in consultation with institutions of local self- government and Gram Sabhas established under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post-acquisition social and economic status and for matters connected therewith or incidental thereto.”

3. With such preface we note the relevant facts as set out in the memo of the present petition which are as under:-

3.1 The Petitioner’s late father i.e Tukadu Lukdu Bagwan was the owner of agricultural land bearing Gat No. 58/1 admeasuring 4 H 38 R and Potkharaba 5 H 48 R and Gat No. 59, admeasuring 1 H 30 R and Potkharaba 1 H 61 R situated at Palastare, Taluka Malegaon, District Nashik (hereinafter referred to as the “larger property”). The 7/12 extracts of the larger property shows the Petitioner’s late father i.e Tukadu Lukdu Bagwan as the owner of the said p