Bombay High Court
THE STATE OF MAH THROU COLLECTOR AURANGABAD AND ANRversusVILAS BHAURAO CHAVAN
- Disposal
- DISMISSED
Holding
The appeal is dismissed as there is no ground to intervene when compensation is enhanced only up to four times the original award.
Summary
The State of Maharashtra, through the Collector of Aurangabad, appealed against a judgment dated 12 February 2008 of the Adhoc District Judge-1, which had enhanced compensation for land acquisition to an amount not exceeding four times the award of the Land Acquisition Officer. The appellants argued that the reference court should not be challenged when the enhancement is within this four‑fold limit, relying on a State Government resolution dated 3 November 2016 and its subsequent corrigenda. The Court examined the policy decision embodied in the government resolution, which expressly directed that no challenge be made to the reference if compensation is enhanced only up to four times. Finding no merit to intervene, the Court dismissed the appeal. Consequently, any pending civil applications related to the matter were also disposed of.
Issues considered
- Whether the reference court's enhancement of compensation up to four times the Land Acquisition Officer's award can be challenged on appeal.
Subjects
- Land acquisition
- Compensation
- Government resolution
- Reference court
- Appellate jurisdiction
Judgment
2026:BHC-AUG:46284
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
317 FIRST APPEAL NO. 535 OF 2010
THE STATE OF MAH THROU COLLECTOR AURANGABAD AND ANR
VERSUS
VILAS BHAURAO CHAVAN
...
AGP for Appellants/State : Mr. A.M. Phule
Advocate for Respondents : Mr. D.A. Bide h/f. Mr. C.K. Sonwane
...
WITH
CIVIL APPLICATION NO. 3626 OF 2009
IN FA/535/2010
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : September 30, 2026
PER COURT :-
1. As the acquisition proceeding is of the year 1986, heard finally with
the consent of the learned counsel for respective parites.
2. By this appeal, the Appellants assail the Judgment and award dated
12.02.2008 passed by the learned Adhoc District Judge-1, Aurangabad in
LAR No. 594/1997.
3. Both the learned counsel for the parties submit that the
compensation enhanced by the learned Reference Court does not exceed
four times the amount awarded by the Land Acquisition Officer.
4. In view of the aforesaid submissions and having regard to the policy
decision of the State Government contained in 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
order. Hence, the present Appeal is dismissed.
6. 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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