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Bombay High Court

MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATIONversusTHE STATE OF MAH and ANR

Disposal
DISMISSED

Holding

The appeal is dismissed; the Reference Court's compensation award stands.

Summary

Maharashtra Krishna Valley Development Corporation appealed the judgment and award dated 18 June 1994 rendered by the Reference Court in L.A.R. Nos. 26/1992, 341/1993 and 266/1992, contending that the compensation awarded was excessive. The corporation argued that the award exceeded the compensation granted by the State Land Acquisition Officer (SLAO) but was within four times that amount. The State Government, through a resolution dated 3 November 2016 (with subsequent corrigenda), indicated it would not challenge the reference award if the compensation was enhanced only up to four times. The High Court found no merit in interfering with the Reference Court's award and dismissed the appeals. Consequently, any pending civil applications related to the matter were also disposed of.

Issues considered

  • Whether the Reference Court's award of compensation, being within four times the SLAO award, is valid and cannot be challenged.
  • Whether the State Government's resolution precludes judicial intervention in the compensation award.
  • Whether pending civil applications survive after the dismissal of the appeals.

Subjects

  • compensation
  • reference court
  • appeal
  • Maharashtra Krishna Valley Development Corporation
  • State of Maharashtra
  • civil applications
  • government resolution

Judgment

2026:BHC-AUG:45724

                                                                 5-FA-3520-2008.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                            5 FIRST APPEAL NO. 3520 OF 2008
                     Maharashtra Krishna Valley Development Corporation
                                          VERSUS
                                 The State Of Mah And Anr
                                          WITH
                              FIRST APPEAL NO. 3041 OF 2008
                     Maharashtra Krishna Valley Development Corporation
                                          VERSUS
                                 The State Of Mah And Anr

                                          WITH
                              FIRST APPEAL NO. 3494 OF 2008

                                 Maharashtra Krishna Valley
                                          VERSUS
                                 The State Of Mah And Anr

                                           WITH
                           CIVIL APPLICATION NO. 10076 OF 2006
                                      IN FA/3520/2008

                     Maharashtra Krishna Valley Development Corporation
                                          VERSUS
                                 The State Of Mah And Anr

                                           WITH
                           CIVIL APPLICATION NO. 10079 OF 2006
                                      IN FA/3041/2008

                     Maharashtra Krishna Valley Development Corporation
                                          VERSUS
                                 The State Of Mah And Anr

                                           WITH
                           CIVIL APPLICATION NO. 10072 OF 2006
                                      IN FA/3494/2008

                                 Maharashtra Krishna Valley
                                          VERSUS
                                 The State Of Mah And Anr
          Shubham                                                         Page 1 of 2
                                                                5-FA-3520-2008.doc


                                          ...
Mr. G. B. Rajale for the Appellant.
Mr. A. D. Wange, AGP for State.
Ms. Khushi Varma h/f Mr. S. S. Shinde for Respondent No.2 in
FA/3041/2008.
                                    ...
                                    CORAM :      SIDDHESHWAR S. THOMBRE, J.
                                    DATE :       24 SEPTEMBER 2026
P. C.:

1.        Heard the learned counsel for the Appellant.

2.        By this appeal, the appellant assails the judgment and award dated

18.06.1994 passed by the Reference Court in L.A.R. Nos.26/1992, 341/1993

and 266/1992.

3.        Learned counsel submit that the compensation granted by the learned

Reference Court is within four times the compensation granted by the SLAO.

4.        In   fact   the   State   Government   vide    Government     Resolution

No.Sankirna-2014/Prak.Kra.4/Bham-1/A-4             dated     03.11.2016           with

Corrigendum dated 23.02.2017 and 13.08.2018 to the said Government

Resolution, took a decision not to challenge the reference, if compensation is

enhanced only upto four times.

5.        Therefore, I do not find any reason to intervene with the impugned

award. Hence, the present Appeals are dismissed.

6.        In view of dismissal of the Appeals, pending Civil Applications, if any,

do not survive and are disposed of accordingly.



                                          [SIDDHESHWAR S. THOMBRE, J.]
Shubham                                                                  Page 2 of 2


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