M/S. DEVI CONSTRUCTION COMPANY vs THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPT. AND ORS.

Judgment text excerpt

bipin prithiani 1 wp-1397.17.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1397 OF 2017 M/s. Devi Construction LLP … Petitioner Versus The State of Maharashtra & Ors. … Respondents WITH CIVIL APPLICATION NO. 200 OF 2020 IN WRIT PETITION NO. 1397 OF 2017 ****** Mr. Rompal Singh Kohli a/w Ms. Sejal i/by Ms. C. K. Legal for the Petitioner. Mrs. Pooja Patil, AGP for Respondent Nos.1 and 5 to 7-State. Mr. G. H. Keluskar for Respondent Nos.2 to 4. ****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ. RESERVED ON : 17th FEBRUARY 2026 PRONOUNCED ON : 6th APRIL 2026 Judgment (Per Manish Pitale, J.) : . The petitioner has approached this Court seeking a direction against the respondents for payment of rental compensation as per the policy of the State, manifested in a number of Government Resolutions issued from time to time. It is the case of the petitioner that while the respondents took possession of the subject land belonging to the petitioner, for establishing an octroi naka or octroi post, the process of acquisition of land and bipin prithiani 2 wp-1397.17.doc payment of compensation was undertaken much later. The amount of rental compensation is claimed from the point in time the respondents took possession of the said piece of land, till the determination and payment of compensation, as per the land acquisition award. 2. The petitioner owned lands in survey Nos.10 (part), 11 (part) and 160 (part) of Village Wakad, Taluka Mulshi, Dist. Pune. The said land was included within the limits of the respondent No.3-Pimpri Chinchwad Municipal Corporation (PCMC). In the year 1997 and in the year 2000, PCMC published draft development plan for the city of Pimpri-Chinchwad. In the draft development plan, the lands of the petitioner w