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What the petition challenged
In Pandit Shivaji Kumbharkar and others v. The State of Maharashtra and others, Writ Petition No. 14127 of 2025, three agriculturists from villages in Purandar taluka, Pune district, asked the court to quash the selection of Site 1A, stop the acquisition and require the authorities to consider other airport locations. The judgment is reproduced at the case source.
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The petitioners argued that Site 1A had technical and operational limitations, that Site 5A was preferable, and that the proposed acquisition was disproportionate. Those were their submissions, not technical findings adopted by the court.
How the site decision and acquisition developed
The judgment recounts that Site 1A was recommended after technical examination in 2016 and received subsequent clearances. Site 5A was explored as an alternative in 2020–2021, and approval for Site 1A was restored in 2024. This is the chronology recited in the judgment, not an independent assessment of the airport’s feasibility or current status.
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In March 2025, the State applied Chapter VI of the Maharashtra Industrial Development Act, 1961 to land in the affected villages. The judgment says objections were invited and hearings held. A final notification under Section 32(1), dated 9 February 2026, covered approximately 1,216.7522 hectares. The court recorded that acquisition was complete or at an advanced stage. The judgment’s account of the acquisition supplies that case-record figure.
How the competing site arguments were framed
The judgment describes the petitioners’ preference for Site 5A and their objections to Site 1A, but it does not establish a court-approved technical comparison of the two locations. On the issues described in the ruling, the dispute can be understood this way:
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| Issue | Petitioners’ position | What the court decided |
|---|---|---|
| Technical and operational feasibility | They alleged limitations at Site 1A and argued for Site 5A or other alternatives. | The court declined to conduct its own technical comparison or substitute its view for that of the competent authorities. |
| Safety and clearances | They raised concerns about the selected site’s technical and operational suitability. | The court did not make a new technical finding in favour of either site; it found no sufficient basis in the petition to intervene. |
| Land area and acquisition impact | They argued that the proposed acquisition was disproportionate. | The court noted the notified area and advanced stage of acquisition, and found no basis on the grounds presented to stop it. |
| Cost and expert assessment | They challenged the choice of Site 1A and asserted that an alternative was preferable. | The decision treated the choice as a policy and technical matter for the authorities, absent a recognized ground for judicial review. |
Why the court dismissed the petition
The court treated airport site selection as a policy and technical decision entrusted to competent government and expert authorities. A writ court, it reasoned, should not carry out its own technical comparison or replace those authorities’ judgment merely because petitioners advocate a different location. The judgment found no sufficient material showing manifest arbitrariness, mala fides, statutory violation or demonstrable illegality.
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The judgment also reproduced a statement from the Supreme Court authorities BALCO Employees’ Union (Regd.) v. Union of India and Narmada Bachao Andolan v. Union of India: “It is now well settled that the Courts, in the exercise of their jurisdiction, will not transgress into the field of policy decision.” The Bombay High Court relied on this principle in explaining the limits of review; it did not treat the principle as eliminating judicial review where a recognized legal ground is made out. The judgment’s reasoning sets out that approach.
What the ruling does—and does not—decide for landowners
The petition’s dismissal means the court declined to overturn the site selection or halt the acquisition on the grounds advanced in this case. It is not a blanket ruling that every step in the project or each individual acquisition necessarily complies with law, nor does it determine the amount or payment of compensation owed to any particular owner.
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The judgment expressly left individual claims about statutory compliance, compensation quantum and disbursement open to appropriate statutory remedies in accordance with law. A landowner’s next step therefore depends on the particular issue, the applicable statutory procedure and the relevant facts; the judgment does not decide those claims for them. The ruling’s reservation of individual remedies makes this limit explicit.
Can landowners challenge an airport site selection in court?
They can ask a court to review a site-selection decision, but disagreement with the technical merits or a preference for another location is not, by itself, enough to require a court to substitute its judgment. This case illustrates that a challenge needs a legally cognizable basis—such as material demonstrating illegality, statutory non-compliance, manifest arbitrariness or mala fides. The Bombay High Court found that the petition before it did not establish such a basis; the decision does not rule out a challenge supported by different facts or a distinct legal defect.
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