Bombay High Court
GODAVARI KHORE MARATHWADA IRRIGATION DEVELOPMENT CORPORATIONversusSINDHUBAI BALASAHEB DESHMUKH AND OTHERS
- Disposal
- DISMISSED
Holding
The appeal is dismissed as the enhanced compensation does not exceed four times the amount awarded by the Land Acquisition Officer.
Summary
The Godavari Khore Marathwada Irrigation Development Corporation appealed a judgment and award dated 5 April 2012 passed by the Civil Judge, Senior Division, Parbhani in LAR No. 25/2009. The appeal challenged the amount of compensation enhanced by the reference court, alleging it exceeded four times the amount awarded by the Land Acquisition Officer. The State Government’s policy resolution (Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 3 November 2016, with subsequent corrigenda) stipulated that the reference would not be challenged if the enhancement was only up to four times. The court examined the submissions and found no basis to intervene, concluding that the enhanced compensation did not exceed the four‑times limit. Consequently, the appeal was dismissed, the claimant was allowed to withdraw any amount deposited, and any pending civil applications were disposed of.
Issues considered
- Whether the compensation enhanced by the reference court exceeds four times the amount awarded by the Land Acquisition Officer
- Whether the State Government's policy resolution precludes judicial intervention in cases where compensation is enhanced up to four times
Subjects
- land acquisition
- compensation
- appeal
- government resolution
- reference court
- judicial review
Judgment
FA 721/14
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
30 FIRST APPEAL NO. 721 OF 2014
WITH
CIVIL APPLICATION NO. 7688 OF 2013 IN FA/721/2014
GODAVARI KHORE MARATHWADA IRRIGATION DEVELOPMENT
CORPORATION
VERSUS
SINDHUBAI BALASAHEB DESHMUKH AND OTHERS
...
Advocate for Appellant : Mrs. Geeta L. Deshpande
AGP for Respondent/State : Mr. A.D. Wange
Advocate for Respondents 1 & 2 : Mr. S.S. Naik
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : July 07, 2026
PER COURT :-
1. Heard the learned counsel for the Appellant/acquiring body, the
learned AGP for State and the learned counsel for claimants.
2. By this appeal, the Appellant assails the Judgment and award dated
05.04.2012 passed by the learned Civil Judge, Senior Division, Parbhani in
LAR No. 25/2009.
3. Learned counsel for the appellant/acquiring body, the learned AGP
as well as learned counsel for claimants 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
FA 721/14
2
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 this 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, J. )
ssc/
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