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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