RASHID TUKADU BAGWAN AND ORS vs STATE OF MAHARASHTRA THROU. ITS PRINCIPAL SEC. IRRIGATION DEPT AND ORS

Judgment text excerpt

12.WP.8716.2024.DOC 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: 6th 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 MANISH Digitally signed by MANISH SURESHRAO SURESHRAO THATTE And Resettlement Act, 2013 (hereinafter referred to as “Act of 2013”) and/or the Date: 2025.11.06 THATTE 14:55:44 +0530 provisions of Land Acquisition Act, 1894, thereby depriving the persons whose Page 1 of 24 Manish Thatte 12.WP.8716.2024.DOC 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