Bombay High Court

Bombay HC: Landowners Win as Court Rejects Pre-Notice Sales Exclusion

Updated
Jan 18, 2026 10:54 PM
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Quick Summary

On December 24, 2025, the Bombay High Court canceled a controversial rule by Maharashtra's government that affected how much money people get for their land. The court decided that ignoring land sales from the year before an official notice was not allowed.

The Case Background

Several legal challenges were made against a rule from January 24, 2023. This rule said that land sales from the year before an official notice should not count when figuring out how much money people should get for their land. This impacted projects like the Pune Ring Road.

Yogesh Kamlakar Mangle and Others' Arguments

  • Unfair Exclusion: Yogesh Kamlakar Mangle and others argued that leaving out sales from the year before the notice was random and didn't follow the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
  • Impact on Families: The change affected over 2,000 families in Pune, who would get less money for their land.

Court's Decision

  • Judges' Ruling: Judges G. S. Kulkarni and Aarti Sathe decided that the rule went against the 2013 Act's rules. The Act says that the land's value should be based on sales from the three years before the land was taken.
  • Legal Precedent: The court stressed that laws should make sure people get fair money that reflects the land's value when it's taken.

Government's Position

  • Circular's Intent: The government wanted to stop people from changing land prices before official notices. However, the court found no legal reason for this plan.

Impact and Next Steps

  • Nullified Actions: Any money amounts decided using the rule must be recalculated according to the court's decision.
  • Future Implications: The ruling strengthens the need for openness and fairness in how land is taken.

Summary of the Verdict

The court's decision means that the rule from January 24, 2023, is not valid. Landowners should be paid based on the real market value of their land, following the rules set by the 2013 Act.

"The impugned circular dated 24th January 2023 is declared illegal, null and void," stated Justice Aarti Sathe in the judgment.

This case shows how important the courts are in making sure laws protect people's rights, especially when it comes to land and money.

Tags:
Land Acquisition
Property Rights
Fair Hearing