Right to property under Article 300A includes fair compensation and a prompt acquisition process. State's failure to adhere to statutory timelines in land acquisition is unconstitutional. Compensation must be determined per market value, and undue delay violates fundamental principles of justice.
Court held that the State and Corporation failed in their duty to complete acquisition proceedings efficiently. Directed payment of ₹62,17,280/- as an interim compensation. Ordered the Corporation to submit a complete proposal for acquisition within three months and the Collector to finalize the process within one year.
Land Acquisition—Fair Compensation—Right to Property—Delay in Payment—State’s Duty—Public Purpose—Expeditious Process—Restitution—Municipal Corporation
a) Whether the Petitioners were entitled to fair compensation for the acquired land.
b) Whether the delay in finalizing the acquisition and compensation violated Article 300A.
c) Whether the Corporation had a duty to expedite the process.
Case Title: Anna Tatoba Borgave and Others Versus The State of Maharashtra and Others
Citation: 2025 LawText (BOM) (2) 140
Case Number: WRIT PETITION NO. 3801 OF 2019
Advocate(s): Mr Umesh H. Pawar with Sagar R. Sonawane, for Petitioner. Mr Aditya R. Deolekar, AGP for State/Respondent Nos. 1 and 3. Mr Vikram N. Walawalkar i/b Mr Amey C.Sawant, for Respondent Nos. 4 and 5, Sangli Miraj and Kupwad Cities Corporation.
Date of Decision: 2025-02-14