Synopsis

The petitioner’s land (Survey No.106/6, admeasuring 280 sq. mtrs.) was notified for acquisition under the Land Acquisition Act, 1894 for the Navi Mumbai project. Although a notification under Section 4 and a declaration under Section 6 were issued, the award dated 31.08.1989 did not mention the subject land in the valuation column, compensation was neither determined nor paid, and possession was not taken. The petitioner, who was a minor at the relevant time, later approached the High Court. The court held that the acquisition proceedings for the subject land lapsed under Section 11-A of the 1894 Act because no award was made within two years of the Section 6 declaration. The respondents’ plea of delay and laches was rejected. The court directed that the land be acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013) and that compensation be determined accordingly.

Court: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)

Coram: Hon’ble Mr. Justice Manish Pitale and Hon’ble Mr. Justice Shreeram V. Shirsat (Division Bench)

Date of Judgment: 5th May 2026

Citation: Writ Petition No.1389 of 2020 (unreported)

Core Law: Land Acquisition – Lapsing of acquisition under Section 11-A of the Land Acquisition Act, 1894; Article 300-A of the Constitution of India – Right to property.

1. Heading of the judgment

High court of judicature at bombay civil appellate jurisdiction

Writ petition no.1389 of 2020

Roshan shrikant tandel (petitioner) vs. Commissioner konkan division & ors (respondents)

Coram: hon’ble mr. justice manish pitale and hon’ble mr. justice shreeram v. shirsat (division bench)

Reserved on: 6th april, 2026; pronounced on: 5th may, 2026

2. Legal framework

Major laws and provisions involved:

• Land acquisition act, 1894 – section 4 (notification), section 6 (declaration), section 11 (award), section 11-a (lapsing of acquisition if award not made within two years of declaration), section 12(2) (notice for compensation)

• Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 – section 24 (lapsing of acquisition under certain conditions – though the court held it was not directly applicable because no award was made)

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