Authority: High Court of Judicature at Bombay

Order Date: 1 October 2026

Case Overview

  • Petitioners (including Atul Arun Kale, Vishal Subhash Parekar, Nuzrat Aziz Bobhde, Sameer Abdul Aziz Bobde, Seema Sudhir Acharya and others) filed Writ Petition Nos. 10833/2025, 10993/2025, 10994/2025, 6057/2026 and 9089/2026 against the State of Maharashtra and Bhiwandi Nizampur City Municipal Corporation (BNCMC).
  • The petitions challenged letters/notices dated 10/10/2025 and 14/11/2025 issued by BNCMC threatening to take over lands and structures for a road‑widening project, offering Transferable Development Rights (TDR) instead of monetary compensation.
  • Petitioners argued that BNCMC violated Article 300A of the Constitution and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the 2013 Act) by bypassing the statutory acquisition, award and compensation process.
  • Counsel cited a recent Bombay HC order 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.
  • BNCMC contended that the road‑widening project is in the public interest and sought directions to take possession early, proposing to determine compensation within four weeks of possession.
  • The Court examined the rival submissions and found BNCMC’s actions arbitrary, noting that no proposal had been moved before the competent authority under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) and the 2013 Act.
  • The Court reiterated Supreme Court pronouncements that compensation cannot be imposed solely by TDR without consent and that the right to property under Article 300A is a constitutional right.

Final Outcome

  • The Court quashed the impugned notices dated 10/10/2025 and 14/11/2025 in all petitions.
  • For Writ Petition 10833/2025, the Court issued writs of certiorari to quash notices dated 23 July 2025 (Exh L) and 31 July 2025 (Exh M1).
  • For Writ Petitions 10993/2025 and 10994/2025, the Court issued writs of certiorari to quash the first and second notices dated 23 July 2025 and 31 July 2025 respectively (exhibits I, J, K, L).
  • For Writ Petition 6057/2026, the Court directed the State of Maharashtra to issue a notification/declaration under Section 78 of the M.M.C. Act 1949 and the 2013 Act for acquisition of Municipal House No. 65 (C.S. No. 2167) and to remit compensation to the petitioner.
  • For Writ Petition 9089/2026, the Court directed the State to issue a similar notification 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, C.S. Nos. 2235‑2237) and to remit compensation.
  • The respondents must follow the MRTP Act and the 2013 Act for acquisition, determination of compensation, pronouncement of award and disbursal of compensation before taking possession.
  • Petitioners must hand over the lands and structures within four weeks of receiving compensation, though they may institute separate proceedings to contest the quantum of compensation.
  • The order does not affect any structures that may be found illegal on the subject lands.

Topics: Land Acquisition, Property Rights, Municipal Governance