Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction

Order Date: 1 October 2026

Case Overview

  • Petitioners: Atul Arun Kale & another; Nuzrat Aziz Bobhde; Sameer Abdul Aziz Bobde; Seema Sudhir Acharya & others.
  • Respondents: State of Maharashtra and Bhiwandi Nizampur City Municipal Corporation (BNCMC).
  • Five writ petitions (Nos. 10833/2025, 10993/2025, 10994/2025, 6057/2026, 9089/2026) were consolidated as they raised identical issues.
  • The petitioners challenged letters/notices dated 10/10/2025 and 14/11/2025 issued by BNCMC, which threatened to take over their lands and structures for a road‑widening project and offered Transferable Development Rights (TDR) instead of monetary compensation.
  • Petitioners alleged violation of Article 300A of the Constitution and non‑compliance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the 2013 Act).
  • Counsel cited a prior Bombay HC order dated 29 July 2026 (Kamla Devi Kumawat v. State of Maharashtra) which held that possession can be taken only after compensation is determined and paid.
  • BNCMC argued the project is in public interest and sought early possession, relying on a Division Bench order suggesting possession could precede compensation within four weeks.
  • The Court examined both submissions and found BNCMC’s actions arbitrary, noting no proposal had been moved before the State Competent Authority under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) and the 2013 Act.
  • The Court highlighted that offering only TDR without consent breaches the Full Bench judgment in Shri Vinayak Builders v. State of Maharashtra (2022).
  • Supreme Court precedents on the right to property (Article 300A) and the seven principles of acquisition were referenced, concluding BNCMC violated all of them.

Final Outcome

  • The writ petitions are allowed in accordance with the prayer clauses.
  • Notices dated 10/10/2025 and 14/11/2025 are quashed and set aside.
  • Specific reliefs:
  • WP 10833/2025: Quash notices dated 23/07/2025 and 31/07/2025.
  • WP 10993/2025 & WP 10994/2025: Quash first and second notices dated 23/07/2025 and 31/07/2025 respectively.
  • WP 6057/2026: Mandamus directing the State of Maharashtra to issue a notification/ declaration under the 2013 Act (r/w Section 78 of the M.M.C. Act, 1949) for acquisition of Municipal House No. 65 (Ground floor, C.S. No. 2167, Bhiwandi, Thane) and remit compensation.
  • WP 9089/2026: Mandamus directing the State of Maharashtra to issue a notification/ declaration under the 2013 Act (r/w Section 78 of the M.M.C. Act, 1949) for acquisition of Municipal House Nos. 34/1/G/2, 34/1/G/3, 34/1/G/5, 34/2, 34/3, 34/5, 34/6, 34/8, 34/9 (Acharya Building, Ground plus three floors, C.S. Nos. 2235‑2237, Bhiwandi, Thane) and remit compensation.
  • BNCMC is directed to follow the MRTP Act and the 2013 Act for acquisition, determination of compensation, pronouncement of award, and disbursal of compensation before taking possession.
  • Upon receipt of compensation, petitioners must hand over the lands/structures within four weeks; they retain the right to challenge the quantum of compensation.
  • The order does not affect any structures that may be illegal on the subject lands.

Topics: Land Acquisition, Municipal Governance