ROSHAN SHRIKANT TANDEL vs COMMISSIONER-KONKAN DIV. AND ORS.

Judgment text excerpt

WP1389_20.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1389 OF 2020 Roshan Shrikant Tandel … Petitioner Vs. Commissioner-Konkan Division and others … Respondents Mr. Sachin Punde a/w. Ms. Deepa Punde for Petitioner. Ms. P. M. J. Deshpande, AGP for Respondent Nos.1, 2 and 4. Mr. Naushad Engineer a/w. Mr. Soham Bhalerao and Mr. Harshit Tyagi i/b. DSK Legal for Respondent No.3-CIDCO. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. Reserved on : APRIL 06, 2026 Pronounced on: MAY 05, 2026 JUDGEMENT : (Per Justice Manish Pitale) . The petitioner in this petition contends that in the light of an admitted position on facts that the subject land located in Survey No.106/6 was never acquired and compensation was not paid, the respondents need to undertake steps for acquisition of the said land under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013). It is the case of the petitioner that even though notification under Section 4 of the Land Acquisition Act, 1894 (L.A. Act) and declaration under Section 6 thereof were issued in the context of the said land, for acquisition along with other pieces of land, award regarding the same was never declared; Compensation was not determined and possession was also not taken as per law. Therefore, the proceedings had clearly lapsed, requiring appropriate proceedings to be undertaken for acquisition in accordance with law. 1/12 WP1389_20.doc 2. The relevant sequence of events leading to filing of the present petition is that, on 24.09.1986, a notification was issued under Section 4 of the L.A. Act, notifying several pieces of land in Village Karave, Taluka and District Thane, for the public purpose of prop