Bombay High Court

Bombay HC: Invalid Land Rule Halts Pune Ring Road Payments

Updated
Jan 16, 2026 3:04 PM
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On December 24, 2025, the Bombay High Court ruled against a controversial rule by the Maharashtra government that affected how landowners are paid when their land is taken for public projects. Let's break down what happened.

The Rule in Question

The rule, issued on January 24, 2023, by the Maharashtra Revenue and Forest Department, said that any land sales made within a year before the government announced it would take the land should not be considered when figuring out how much to pay the landowners. This was based on an earlier decision by another court.

The Ring Road Project

The case mainly involved lands in Pune, affected by the construction of a Ring Road. The project impacted more than 50 villages and over two thousand families. The rule messed up the payment process, stopping the land-taking for the project.

Legal Arguments

  • Petitioners' Stand: The people who filed the case, including Maruti Shivram Jaykar, argued that the rule was unfair and broke the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013. They pointed out that the rule went against Section 26(1) of the Act, which considers land sales from the last three years without leaving any year out.

  • State's Defense: The state defended the rule, saying it stopped people from changing land prices before the government announced it would take the land. They said leaving out one year was needed to make sure the land's value was fair.

Court's Decision

The court, led by Judges G. S. Kulkarni and Aarti Sathe, found the rule to be illegal and invalid. They emphasized:

  • The rule went against the rules of the 2013 Act, which requires looking at sales from the past three years without leaving any time out.
  • The court rejected the state’s argument, saying the rule couldn't change the legal rules set by the Act.

Impact and Orders

  • The court ordered a new calculation of how much landowners should be paid, following the 2013 Act.
  • Any payments based on the rule were declared invalid, except those agreed upon by both sides.
  • The judgment stressed that fair payment should reflect the land's value at the time it is taken.

This decision is a big win for landowners, ensuring they get fair payment without unfair rules. The court's decision highlights the importance of following the law in land acquisition processes.

Tags:
Land Acquisition
Property Rights
Maharashtra Regional and Town Planning Act