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Bombay High Court

THE STATE OF MAHARASHTRA AND ANOTHERversusRAMRAO MAHADU KENDRE

Disposal
DISMISSED

Holding

The appeal is dismissed as there is no reason to intervene when the compensation enhancement is within the four‑times limit prescribed by the Government resolution.

Summary

The State of Maharashtra appealed a judgment of the Joint Civil Judge Senior Division, Udgir, which had enhanced compensation in a land acquisition matter to an amount not exceeding four times the award of the Land Acquisition Officer. The State argued that, under Government Resolution No. Sankirna-2014 and its subsequent corrigenda, the reference court's enhancement up to four times should not be challenged. The Court examined the policy decision and found no basis to intervene in the reference court's order. Consequently, the appeal was dismissed, and any pending civil applications were disposed of. The claimant was permitted to withdraw any amount deposited by the State with the acquiring authority.

Issues considered

  • Whether the State can challenge the reference court's enhancement of compensation when it does not exceed four times the Land Acquisition Officer's award.

Subjects

  • land acquisition
  • compensation
  • reference court
  • government resolution
  • appeal dismissed

Judgment

2026:BHC-AUG:38303
                                                                         20-FA-4636-2017.odt
                                                1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              20 FIRST APPEAL NO. 4636 OF 2017
                                            WITH
                     CIVIL APPLICATION NO. 7300 OF 2013 IN FA/4636/2017

                             The State Of Maharashtra And Another
                                           VERSUS
                                    Ramrao Mahadu Kendre

                                             ......
          Mr. S.N. Morampalle, AGP for Appellants-State
          Mr. H.B. Nandgavale, Advocate h/f Mr. V.G. Sakolkar, Advocate for
          Respondent-Claimant
                                             ......

                                         CORAM : SIDDHESHWAR S. THOMBRE, J.
                                         DATE       : 21 AUGUST, 2026
          PER COURT :

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

          2.     By this appeal, the Appellant assail the Judgment and award dated

          23.07.2012 passed by the learned Joint Civil Judge Senior Division, Udgir in

          L.A.R. No.825 of 2010 (Old L.A.R. No.590/2005).


          3.     Learned AGP appearing for the Appellant-State as well as learned

          counsel appearing for respondent-claimant 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
                                                                    20-FA-4636-2017.odt
                                          2

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.         The Claimant is at liberty to withdraw the amount deposited by the

State/acquiring body before the learned Reference Court, if any.


7.         In view of dismissal of the Appeal, pending Civil Applications, if any,

do not survive and are disposed of accordingly.



                                               [ SIDDHESHWAR S. THOMBRE ]
                                                         JUDGE
S P Rane


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