Judicial Review of Expert Site Selection and Land Acquisition for Public Infrastructure Projects

sketch of the Bombay High Court
Case
PANDIT SHIVAJI KUMBHARKAR AND ORS v. THE STATE OF MAHARASHTRA THRU. SECRETARY AND ORS (Bombay High Court, 22-09-2026)
Law
Constitution of India, Maharashtra Industrial Development Act, Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act.

Highlights of the Judgment:

  • Examination of the scope of judicial review under Article 226 regarding expert site selection for major public infrastructure projects.
  • Application of judicial restraint in executive policy decisions concerning infrastructure development and land acquisition.
  • Interpretation of statutory acquisition procedures and vesting provisions under the Maharashtra Industrial Development Act, 1961.
  • Analysis of the principle that landowners cannot dictate project locations or alternative sites based on personal convenience.
  • Review of precedents establishing that expert technical assessments in public projects are immune to judicial interference absent malice.