In a hearing that stretched through the afternoon, the Supreme Court on Thursday set aside a 2022 Bombay High Court order that had dismissed a long-pending contempt plea concerning land acquisition in Thane district. The Bench-headed by Justices P.S. Narasimha and Atul S. Chandurkar-remarked that the High Court had “not properly appreciated” the directions it had itself issued back in 2003, leading to a miscarriage of justice for the landowner’s family.
Background
The dispute traces back to the late Bhaskar Govind Gavate, who had approached the Bombay High Court in the early 1990s seeking return of his ancestral land at Chinchavali, alleging that authorities had neither completed acquisition procedures nor handed back portions not used by the MIDC.
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In January 2003, the High Court allowed Gavate and similarly placed petitioners to withdraw their writ petitions after recording detailed commitments from the State and the MIDC-particularly that unutilised land would be handed over by 22 January 2003.
However, Gavate later alleged non-compliance and filed a contempt petition. That plea was dismissed in 2022 on the reasoning that the 2003 order was “ambiguous” and “open to two interpretations”.
Court’s Observations
The Supreme Court did not mince words. It noted that the High Court in 2022 had sidestepped the core grievance-that the petitioner had not received possession of the land despite specific directions and official assurances.
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“The bench observed, ‘When the petitioner specifically complained of non-compliance, the High Court ought to have examined the grievance based on the material placed before it.’”
The Court pointed out that the operative part of the 2003 order was crisp: petitioners or their representatives were to attend the Land Acquisition Office on 22 January 2003, and the State was to deliver possession the same day.
The judges also highlighted that the State relied on an alleged 1970 acquisition award to justify non-delivery of land-but that award was never produced before the Supreme Court. This gap raised further doubts about the factual basis the High Court had accepted.
“The bench observed, ‘The order was not ambiguous; it clearly contemplated handing over of all land in State possession and return of unutilised portions from MIDC.’”
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Decision
Concluding that the High Court had misdirected itself, the Supreme Court set aside the 2022 order and restored the 2003 contempt proceedings for fresh consideration. The bench clarified it was not expressing any view on the merits and that all parties were free to re-argue their positions before the High Court.
With that, the Court allowed the appeal and disposed of the matter, directing the High Court to revisit the case in light of the original 2003 assurances and the petitioner's long-standing grievance.
Case Title: Bhaskar Govind Gavate (Now Deceased) Through His Legal Heirs vs. State of Maharashtra & Others
Case No.: Civil Appeal No. 10346 of 2024
Case Type: Civil Appeal (arising out of Contempt Petition issue)
Decision Date: December 04, 2025