"Bombay High Court Decides on Land Acquisition Dispute for Mumbai-Ahmedabad High-Speed Rail Project" "Legal Heirs of Ancestral Property Challenge Government Order; Court Reviews Historical Land Ownership Claims"


Summary of Judgement

The Bombay High Court adjudicated a complex land acquisition dispute involving the Mumbai-Ahmedabad High-Speed Rail Project. The petitioner, Gandharva Dhaneshwar Patil, and other legal heirs claimed ancestral ownership of specific land parcels in Vasai, Thane District, contesting the land's acquisition by the State Government under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. The petitioners argued that the land was wrongfully recorded in the names of others due to historical errors in revenue records. Despite their objections, the Deputy Collector had refused to refer the dispute to the appropriate authority. The High Court reviewed the legality of these decisions, including previous orders and ongoing appeals concerning the property's rightful ownership.

1. Introduction

  • Overview of the dispute involving the Mumbai-Ahmedabad High-Speed Rail Project and the land acquisition process.

2. Background of the Dispute

  • Details of the ancestral land ownership claimed by the petitioner and other respondents.
  • Description of the historical context and revenue record entries that led to the dispute.

3. Legal Proceedings

  • Summary of the appeal and legal challenges initiated by the petitioners.
  • Mention of the Sub-Divisional Officer's partial allowance of the appeal and subsequent legal actions taken by the respondents.

4. High Court's Review

  • The Court's examination of previous orders, including the Deputy Collector's refusal to refer the dispute.
  • Ongoing legal battles, including a pending writ petition in the High Court.

5. Conclusion

  • The Court's deliberation on the validity of the petitioners' claims and the historical ownership of the disputed land.
  • Implications for the Mumbai-Ahmedabad High-Speed Rail Project.

The Judgement

Case Title: Gandharva Dhaneshwar Patil Versus State of Maharashtra Ors.

Citation: 2024 LawText (BOM) (8) 71

Case Number: WRIT PETITION NO.5833 OF 2024

Date of Decision: 2024-08-07