Article 300-A and State Deprivation of Land: Overcoming Delay and Laches in Compensation Claims

sketch of the Bombay High Court
Case
SHEKHAR GHANSHYAM JANBANDHU v. STATE OF MAHARASHTRA, THR. SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPT. AND ORS (Bombay High Court, 24-09-2026)
Law
Constitution of India, Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act.

Highlights of the Judgment:

  • Examination of the constitutional mandate under Article 300-A regarding deprivation of private property without the authority of law.
  • Application and limitation of the doctrine of delay and laches in cases involving continuing causes of action against the State.
  • Distinction between implied consent, mere absence of objection, and legally enforceable written surrender of private land.
  • Reconciliation of precedents concerning state acquisition without formal proceedings, specifically evaluating State of Maharashtra versus Digambar against Vidya Devi and Sukh Dutt Ratra.
  • Mandate for initiating statutory acquisition and granting compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.