Bombay High Court
ZILLA PARISHAD AURANGABAD THROUGH ITS EX ENGversusTHE STATE OF MAH and ANR
- Disposal
- DISMISSED
Holding
The appeals are dismissed as the compensation awarded does not exceed the four‑times limit and there is no ground for the Court to intervene.
Summary
The Zilla Parishad of Aurangabad appealed the judgment and award dated 24 January 2006 of the ad‑hoc Additional District Judge in land‑acquisition proceedings initiated in 1997, alleging that the compensation awarded exceeded four times the amount fixed by the State Land Acquisition Officer (SLAO). The State Government, through a resolution dated 3 November 2016 (with subsequent corrigenda), stated it would not challenge the reference if the compensation was enhanced only up to four times. The Court examined whether there was any ground to intervene against the award. Finding that the compensation fell within the four‑times ceiling prescribed by the Government resolution, the Court saw no reason to disturb the award. Consequently, the appeals were dismissed and any pending civil applications were also disposed of.
Issues considered
- Whether the compensation awarded by the Reference Court exceeds the four‑times limit prescribed by the Government resolution and therefore warrants judicial intervention.
- Whether the State Government's resolution bars any challenge to the award if the compensation is enhanced only up to four times the SLAO amount.
Subjects
- land acquisition
- compensation
- government resolution
- appeal
- reference court
- SLAO
- four times compensation
- civil application disposal
Judgment
2026:BHC-AUG:38225
Dilwale 1 19-FA-432-07.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
19 FIRST APPEAL NO. 432 OF 2007
WITH
CIVIL APPLICATION NO. 10386 OF 2006
Zilla Parishad Aurangabad Through Its Ex Eng
VERSUS
The State Of Maharashtra And Anr
...
AGP for Respondent-State: Mr. D. R. Korde
Advocate for Respondent No.2 : Mr. C. K. Sonawane
...
WITH
CIVIL APPLICATION NO. 10388 OF 2006
IN
FIRST APPEAL NO.433 OF 2007
Zilla Parishad Aurangabad
VERSUS
The State Of Maharashtra And Ors
WITH
FIRST APPEAL NO. 433 OF 2007
Zilla Parishad Aurangabad
VERSUS
The State Of Maharashtra And Ors
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 18.08.2026
PER COURT :
1. As the acquisition proceeding is of the year 1997, the appeals are
being heard finally with the consent of learned counsel for the respective
parties.
Dilwale 2 19-FA-432-07.odt
2. By these appeals, the appellant assails the Judgment and award
dated 24.01.2006 passed by the ad-hoc Additional District Judge,
Aurangabad in L.A.R. Nos.92 and 95/2002.
3. Learned AGP submits 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
awards. Hence, the present Appeals are dismissed.
6. In view of dismissal of the Appeal, pending Civil Applications, if
any, do not survive and are disposed of accordingly.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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