Authority: High Court of Judicature at Bombay

Order Date: 1 October 2026

Case Overview

  • Petitioners: Atul Arun Kale and another; Vishal Subhash Parekar; Nuzrat Aziz Bobhde; Sameer Abdul Aziz Bobde; Seema Sudhir Acharya and others.
  • Respondents: State of Maharashtra and Bhiwandi Nizampur City Municipal Corporation (BNCMC).
  • Writ petitions (WP Nos. 10833/2025, 10993/2025, 10994/2025, 6057/2026, 9089/2026) challenged BNCMC's letters/notices dated 10/10/2025 and 14/11/2025 that demanded surrender of lands/structures for a road‑widening project and offered only Transferable Development Rights (TDR) as compensation.
  • Petitioners alleged violation of Article 300A of the Constitution and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, asserting that proper acquisition procedure, award and monetary compensation were not followed.
  • Respondent argued that the road‑widening project is in the public interest and sought possession before compensation, relying on a Division Bench order allowing possession with compensation to follow within four weeks.
  • The Court referred to its earlier judgment dated 29 July 2026 in Kamla Devi Kumawat v. State of Maharashtra which held that possession can be taken only after lawful determination and payment of compensation.

Final Outcome

  • The Court quashed the impugned notices dated 10 Oct 2025 and 14 Nov 2025 in all petitions.
  • BNCMC and the State of Maharashtra are directed to move a proposal under the Maharashtra Regional and Town Planning Act, 1966 and the 2013 Land Acquisition Act, and to obtain the requisite deposit.
  • They must issue a notification/declaration under Section 78 of the M.M.C. Act, 1949 for the specific municipal houses and plots listed in the petitions (e.g., Municipal House No. 65, Acharya Building plots).
  • Monetary compensation must be determined, awarded and disbursed to the petitioners before any possession is taken.
  • Upon receipt of compensation, petitioners must hand over the lands and structures within four weeks; they retain the right to challenge the quantum of compensation separately.
  • The order does not affect any structures that may be found illegal on the subject lands.

Topics: Land Acquisition; Municipal Governance