Bombay High Court
THE STATE OF MAH THR COLLECTOR AND ORSversusREVA MAHATRYA GAVIT
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The appeal is dismissed as the compensation enhancement does not exceed the four‑times limit and the State’s policy precludes any challenge in such circumstances.
Summary
The State filed a civil application seeking condonation of delay in filing an appeal against the judgment and award dated 23 November 2007 in LAR No. 252/2005. The court allowed the application and condoned the delay. The appeal challenged the compensation awarded, contending that the reference court’s enhancement did not exceed four times the amount fixed by the Land Acquisition Officer, in line with a Government Resolution dated 3 November 2016 (with subsequent corrigenda). The High Court noted that the State’s policy decision was not to contest the reference where the enhancement was limited to four times, and therefore found no ground to interfere with the impugned order. Consequently, the appeal was dismissed and any pending civil applications were disposed of.
Issues considered
- Whether the delay in filing the appeal can be condoned under the applicable procedural rules.
- Whether the compensation enhancement beyond the Land Acquisition Officer’s award exceeds the four‑times limit prescribed by the State Government’s resolution.
- Whether the High Court should intervene in the reference court’s award given the State’s policy not to challenge enhancements up to four times.
Subjects
- land acquisition
- compensation
- condonation of delay
- appeal dismissal
- government resolution
- reference court
Judgment
2026:BHC-AUG:46257
CA 13716/12
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
933 CIVIL APPLICATION NO. 13716 OF 2012
IN FAST/28379/2012
THE STATE OF MAH THR COLLECTOR AND ORS
VERSUS
REVA MAHATRYA GAVIT
...
AGP for Applicants/State : Mr. D.R. Korde
...
WITH
CIVIL APPLICATION NO. 13717 OF 2012
IN FAST/28379/2012
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : September 30, 2026
PER COURT :-
1. Civil application is filed by the State for condonation of delay in filing
the appeal. For the averments made in the application, the application is
allowed. Delay is condoned.
2. As the acquisition proceeding is of the year 2001, heard finally with
the consent of the learned AGP for State.
3. By this appeal, the Appellant assails the Judgment and award dated
23.11.2007 passed by the learned Civil Judge, Senior Division, Nandurbar in
LAR No. 252/2005.
4. The learned AGP for the State submit that the compensation
enhanced by the learned Reference Court does not exceed four times the
amount awarded by the Land Acquisition Officer.
5. In view of the aforesaid submissions and having regard to the policy
decision of the State Government contained in Government Resolution
CA 13716/12
2
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.
6. Therefore, I do not find any reason to intervene with the impugned
order. Hence, the present Appeal is dismissed.
7. In view of dismissal of Appeal, pending Civil Applications, if any, do
not survive and are disposed of accordingly.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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