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Bombay High Court

ZILLA PARISHAD AURANGABADversusTHE STATE OF MAH and ORS

Disposal
DISMISSED

Holding

The appeals are dismissed as the compensation awarded does not exceed the four‑times limit and there is no basis for judicial intervention.

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, contending that the compensation awarded exceeded four times the amount fixed by the State Land Acquisition Officer (SLAO). The State Government, through a series of resolutions (dated 3 November 2016, with corrigenda on 23 February 2017 and 13 August 2018), had indicated it would not challenge the reference if the compensation was enhanced only up to four times the SLAO award. The Court examined the award and found it fell within the four‑fold limit prescribed by the Government resolution. Consequently, the Court saw no ground to interfere with the award and dismissed the appeals. As a result, any pending civil applications related to the matter were also disposed of.

Issues considered

  • Whether the compensation awarded by the Additional District Judge exceeds the four‑times limit of the SLAO award and can be challenged.
  • Whether the Court should intervene in the award despite the Government's resolution not to challenge compensation up to four times the SLAO amount.

Subjects

  • land acquisition
  • compensation
  • appeal
  • government resolution
  • award
  • civil application
  • judicial review

Judgment

2026:BHC-AUG:38226
                  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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