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Bombay High Court

THE EXE ENGINEER MEDIUM PROJECT LATURversusISMAIL MEHEBOOB SAHEB SHAIKH AND ANR

Disposal
DISMISSED

Holding

The Court held that there is no ground to intervene where the reference court’s compensation is enhanced only up to four times the SLAO award, as per the Government Resolution.

Summary

The Exe Engineer Medium Project Latur appealed several judgments and awards dated 27 March 2008 passed by the Civil Judge Senior Division, Nilanga, concerning land acquisition compensation in multiple LARs. The appellant contended that the reference court’s compensation exceeded permissible limits. The State, relying on a Government Resolution dated 3 November 2016 (with subsequent corrigenda), declared it would not challenge any reference court award that enhanced compensation only up to four times the amount fixed by the State Land Acquisition Officer. The High Court examined whether the appeals warranted interference with such awards. Finding that the compensation was within the four‑times ceiling and that the government had expressly decided not to contest such awards, the Court dismissed the appeals and consequently disposed of all pending civil applications arising from the appealed judgments.

Issues considered

  • Whether the High Court can intervene in a reference court’s compensation award that is up to four times the SLAO’s award.
  • Whether the Government Resolution bars challenge of such awards.

Subjects

  • Land acquisition
  • Compensation
  • Reference court
  • Government resolution
  • Appeal dismissal
  • Civil applications

Judgment

2026:BHC-AUG:26439
                                            1 of 4               15-FA.1949.2013



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              15 FIRST APPEAL NO. 1949 OF 2013

                            THE EXE ENGINEER MEDIUM PROJECT LATUR
                                              VERSUS
                 KASHIBAI SOPANRAO WAGHULE (DIED) THROUGH LRS AND ORS
                                                 ...
                Ms. Madhubala Gangwal Patni, Advocate for Appellant.
                Mr. S. S. Dande, AGP for Respondent-State.
                                                 ...

                                             AND
                             CIVIL APPLICATION NO. 6124 OF 2009
                                       IN FA/1950/2013

                            THE EXE ENGINEER MEDIUM PROJECT LATUR
                                              VERSUS
                                VENKAT BHIMRAO RUEKAR AND ANR
                                                 …
                Ms. Madhubala Gangwal Patni, Advocate for Applicant.
                Mr. S. S. Dande, AGP for Respondent-State.

                                             AND
                             CIVIL APPLICATION NO. 6129 OF 2009
                                       IN FA/1949/2013

                            THE EXE ENGINEER MEDIUM PROJECT LATUR
                                              VERSUS
                 KASHIBAI SOPANRAO WAGHULE (DIED) THROUGH LRS AND ORS
                                                 …
                Ms. Madhubala Gangwal Patni, Advocate for Applicant.
                Mr. S. S. Dande, AGP for Respondent-State.

                                             AND
                             CIVIL APPLICATION NO. 6131 OF 2009
                                       IN FA/1951/2013

                          THE EXE ENGINEER MEDIUM PROJECT LATUR
                                             VERSUS
                     BABU BHAURAO JADHAV (DIED) THROUGH LRS AND ORS
                                               …
                Ms. Madhubala Gangwal Patni, Advocate for Applicant.

      Tauseef
                                         2 of 4               15-FA.1949.2013



          Mr. S. S. Dande, AGP for Respondent-State.
          Mr. Gajanan K. Sontakke, Advocate for Respondent Nos.1 to 7.

                                         AND
                         CIVIL APPLICATION NO. 6122 OF 2009
                                   IN FA/1954/2013

                         THE EXE ENGINEER MEDIUM PROJECT
                                        VERSUS
                          ANNARAO DIGAMBER PATIL AND ANR
                                           …
          Ms. Madhubala Gangwal Patni, Advocate for Applicant.
          Mr. S. S. Dande, AGP for Respondent-State.

                                        AND
                            FIRST APPEAL NO. 1952 OF 2013

                       THE EX ENGINEER MEDIUM PROJECT LATUR
                                        VERSUS
                       OMPRAKASH SHANKARRAO PIND AND ANR
                                           …
          Ms. Madhubala Gangwal Patni, Advocate for Appellant.
          Mr. S. S. Dande, AGP for Respondent-State.

                                        AND
                            FIRST APPEAL NO. 1953 OF 2013

                      THE EXE ENGINEER MEDIUM PROJECT LATUR
                                        VERSUS
                      ISMAIL MEHEBOOB SAHEB SHAIKH AND ANR
                                           …
          Ms. Madhubala Gangwal Patni, Advocate for Appellant.
          Mr. S. S. Dande, AGP for Respondent-State.

                                        AND
                            FIRST APPEAL NO. 1951 OF 2013

                      THE EXE ENGINEER MEDIUM PROJECT LATUR
                                        VERSUS
                BABU BHAURAO JADHAV (DIED) THROUGH LRS AND ORS
                                           …
          Ms. Madhubala Gangwal Patni, Advocate for Appellant.
          Mr. S. S. Dande, AGP for Respondent-State.

Tauseef
                                        3 of 4              15-FA.1949.2013




                                        AND
                        CIVIL APPLICATION NO. 6133 OF 2009
                                  IN FA/1952/2013

                       THE EX ENGINEER MEDIUM PROJECT LATUR
                                        VERSUS
                       OMPRAKASH SHANKARRAO PIND AND ANR
                                           …
          Ms. Madhubala Gangwal Patni, Advocate for Applicant.
          Mr. S. S. Dande, AGP for Respondent-State.

                                        AND
                        CIVIL APPLICATION NO. 6126 OF 2009
                                  IN FA/1953/2013

                      THE EXE ENGINEER MEDIUM PROJECT LATUR
                                        VERSUS
                      ISMAIL MEHEBOOB SAHEB SHAIKH AND ANR
                                           …
          Ms. Madhubala Gangwal Patni, Advocate for Applicant.
          Mr. S. S. Dande, AGP for Respondent-State.

                                       AND
                           FIRST APPEAL NO. 1950 OF 2013

                      THE EXE ENGINEER MEDIUM PROJECT LATUR
                                        VERSUS
                          VENKAT BHIMRAO RUEKAR AND ANR
                                           …
          Ms. Madhubala Gangwal Patni, Advocate for Appellant.
          Mr. S. S. Dande, AGP for Respondent-State.

                                       AND
                           FIRST APPEAL NO. 1954 OF 2013

                         THE EXE ENGINEER MEDIUM PROJECT
                                        VERSUS
                          ANNARAO DIGAMBER PATIL AND ANR
                                           …
          Ms. Madhubala Gangwal Patni, Advocate for Appellant.
          Mr. S. S. Dande, AGP for Respondent-State.
                                           ...

Tauseef
                                           4 of 4                    15-FA.1949.2013



                                   CORAM :          SIDDHESHWAR S. THOMBRE, J.
                                   DATE     :       2nd JULY, 2026

          P.C.:-

          1.        Heard the learned counsel for the Appellants/State.

          2.        By these appeals, the Appellants are assailing the Judgments

          and awards dated 27.03.2008 passed by the learned Civil Judge Senior

          Division, Nilanga, District Latur in LAR Nos.30/1998, 33/1998,

          28/1998, 31/1998, 29/1998 and 196/1998.

          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 orders. Hence, the present Appeals are dismissed.

          6.        In view of dismissal of the Appeals, pending Civil

          Applications, if any, do not survive and are disposed of accordingly.


                                             (SIDDHESHWAR S. THOMBRE, J.)


Tauseef


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