Bombay High Court

SUNIL SHIVAPPA TANWADEversusTHE STATE OF MAHARASHTRA, THR THE COLLECTOR, OSMANABAD AND ORS

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

The appeal was disposed of because the compensation awarded was within four times the SLAO amount, in accordance with the State Government's policy.

Summary

The State of Maharashtra appealed a judgment of the Land Reference Court that awarded compensation to Sunil Shivappa Tanwade. The State argued that a government resolution dated 03‑11‑2016, as amended on 23‑02‑2017, directs the government not to file or contest any appeal where the compensation awarded is within four times the amount fixed by the State Land Acquisition Officer (SLAO). The court examined this policy and the fact that the compensation awarded by the Reference Court fell within the four‑times limit. Relying on the policy, the court disposed of the first appeal without further hearing. Consequently, the related civil application was also dismissed, and the matter was closed pending cross‑objections.

Issues considered

Whether the appeal should be entertained when the compensation awarded is within four times the SLAO award as per the State Government's policy resolution.

Subjects

Land Acquisition
Compensation
Appeal
Government Policy
SLAO
Reference Court
Disposition

Judgment

2026:BHC-AUG:3250


                                                                         fa1023.15
                                               -1-


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             953 FIRST APPEAL NO. 1023 OF 2015
                                            WITH
                             CIVIL APPLICATION NO. 5026 OF 2025
                                            WITH
                                 X-OBJECTION NO. 26 OF 2023
                                       IN FA/1023/2015

                               The State of Maharashtra and others
                                              VERSUS
                                       Sunil Shivappa Tanwade
                                                  ...
                A.G.P. for Appellant : Mr. S.G. Joshi
                Advocate for Respondent : Mr. A.B. Kale
                                                  …..

                                   CORAM : SANJAY A. DESHMUKH, J.
                                   DATED : 23rd JANUARY, 2026

                PER COURT :-


                1.       This appeal is preferred against the judgment and award

                dated 27.04.2010 passed by the learned Land Reference Court,

                Omerga, District Osmanabad in LAR No.573 of 2009.



                2.       The learned AGP for the State submits that in view of the

                policy decision of the State Government as per the Government

                Resolution dated 03.11.2016 and the corrigendum dated 23.02.2017

                issued thereto, the State Government has resolved not to file or

                contest any appeal where the amount of compensation awarded by

                the Reference Court is within four times of the amount awarded by

                the SLAO. He submits that the present first appeal deserves to be
                                                               fa1023.15
                                 -2-

disposed of in view of the aforesaid policy decision of the State

Government, as the amount of compensation awarded by the

Reference Court is within four times of the amount awarded by the

SLAO.



3.       Considering the submissions of the learned AGP as well as

the policy decision of the State Government, the appeal deserves to

be disposed of. The First Appeal is disposed of accordingly.



4.       In view of disposal of the first appeal, nothing further

survives for consideration in civil application No. 5026 of 2025 and

the same is accordingly disposed of.



5.       List the cross objections for hearing on 02.02.2026.



                                  (SANJAY A. DESHMUKH, J.)

rlj/

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