Bombay High Court
THE STATE OF MAHARASHTRA AND ANOTHERversusVENKAT BHAGWAN MUSANE
- Disposal
- DISMISSED
Holding
The appeal is dismissed as there is no reason to intervene when the compensation enhancement does not exceed four times the original award.
Summary
The State of Maharashtra appealed a judgment of the Joint Civil Judge Senior Division, Udgir, which had enhanced compensation awarded to the claimant, Venkat Bhagwan Musane, in a land acquisition matter. The State argued that the enhanced compensation did not exceed four times the amount originally awarded by the Land Acquisition Officer, and therefore should not be challenged. The court considered the State Government's policy decision, as set out in Government Resolution No. Sankirna-2014 and its subsequent corrigenda, which stipulated that references would not be challenged if the compensation was enhanced only up to four times. Finding no basis to intervene, the High Court dismissed the appeal. Consequently, the claimant may withdraw any amount deposited by the State, and any pending civil applications were disposed of.
Issues considered
- Whether the enhanced compensation exceeding the Land Acquisition Officer's award can be challenged when it does not exceed four times the original amount
- Whether the appeal should be dismissed in view of the State Government's resolution not to challenge such enhancements
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal
- civil procedure
Judgment
2026:BHC-AUG:38306
19-FA-4635-2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
19 FIRST APPEAL NO. 4635 OF 2017
WITH
CIVIL APPLICATION NO. 7302 OF 2013 IN FA/4635/2017
The State Of Maharashtra And Another
VERSUS
Venkat Bhagwan Musane
......
Mr. B.A. Shinde, 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.826 of 2010 (Old L.A.R. No.591/2005).
3. Learned AGP appearing for the appellant-State as well as learned
counsel for the 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
19-FA-4635-2017.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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