Bombay High Court
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD.versusKONDIBA NAMDEO SOLANKE AND ANR
- Disposal
- DISMISSED
Holding
The appeals are dismissed as the reference court's enhancement of compensation does not exceed four times the Land Acquisition Officer's award and the State Government's policy precludes any challenge.
Summary
The appellants challenged a 2009 judgment and award concerning land acquisition compensation awarded by the Joint Civil Judge, alleging that the reference court had enhanced the compensation beyond permissible limits. The State Government, via a resolution dated 3 November 2016 (with subsequent corrigenda), decided not to contest any enhancement that did not exceed four times the amount set by the Land Acquisition Officer. The learned Attorney General for the State submitted that the reference court had increased the compensation from Rs.79 per square metre to Rs.89 per square metre, which is well within the four‑times ceiling. The bench examined whether there was any ground to intervene in the reference court's order and found none, given the statutory ceiling and the State's policy. Consequently, the appeals were dismissed, and any pending civil applications for condonation of delay were also disposed of.
Issues considered
- Whether the reference court's enhancement of compensation exceeds the statutory limit of four times the Land Acquisition Officer's award.
- Whether the State Government's policy resolution bars any challenge to the reference court's award if it is within four times the original amount.
- Whether the appellate court should interfere with the reference court's order on compensation.
- Effect of dismissal of the appeals on pending civil applications for delay condonation.
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal
- civil application
- delay condonation
Judgment
2026:BHC-AUG:27119
CA 8118/11 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
41 CIVIL APPLICATION NO. 8118 OF 2011 IN FAST/12119/2011
WITH
CIVIL APPLICATION NO. 8098 OF 2011 IN FAST/12408/2011
WITH
CIVIL APPLICATION NO. 8085 OF 2011 IN FAST/12387/2011
WITH
CIVIL APPLICATION NO. 8110 OF 2011 IN FAST/12429/2011
WITH
CIVIL APPLICATION NO. 8111 OF 2011 IN FAST/12429/2011
WITH
CIVIL APPLICATION NO. 8112 OF 2011 IN FAST/12429/2011
WITH
CIVIL APPLICATION NO. 8088 OF 2011 IN FAST/12402/2011
WITH
CIVIL APPLICATION NO. 8089 OF 2011 IN FAST/12402/2011
WITH
CIVIL APPLICATION NO. 8093 OF 2011 IN FAST/12435/2011
WITH
CIVIL APPLICATION NO. 8094 OF 2011 IN FAST/12397/2011
WITH
CIVIL APPLICATION NO. 8099 OF 2011 IN FAST/12408/2011
WITH
CIVIL APPLICATION NO. 8100 OF 2011 IN FAST/12419/2011
WITH
CIVIL APPLICATION NO. 8109 OF 2011 IN FAST/12413/2011
WITH
CIVIL APPLICATION NO. 8090 OF 2011 IN FAST/12402/2011
WITH
CIVIL APPLICATION NO. 8114 OF 2011 IN FAST/12392/2011
WITH
CIVIL APPLICATION NO. 8086 OF 2011 IN FAST/12387/2011
WITH
CIVIL APPLICATION NO. 8087 OF 2011 IN FAST/12387/2011
WITH
CIVIL APPLICATION NO. 8097 OF 2011 IN FAST/12408/2011
WITH
CIVIL APPLICATION NO. 8102 OF 2011 IN FAST/12419/2011
WITH
CIVIL APPLICATION NO. 8092 OF 2011 IN FAST/12435/2011
WITH
CIVIL APPLICATION NO. 8103 OF 2011 IN FAST/12424/2011
WITH
CIVIL APPLICATION NO. 8104 OF 2011 IN FAST/12424/2011
WITH
CIVIL APPLICATION NO. 8105 OF 2011 IN FAST/12424/2011
WITH
CIVIL APPLICATION NO. 8107 OF 2011 IN FAST/12413/2011
WITH
CA 8118/11 & Ors.
2
CIVIL APPLICATION NO. 8091 OF 2011 IN FAST/12435/2011
WITH
CIVIL APPLICATION NO. 8096 OF 2011 IN FAST/12397/2011
WITH
CIVIL APPLICATION NO. 8108 OF 2011 IN FAST/12413/2011
WITH
CIVIL APPLICATION NO. 8095 OF 2011 IN FAST/12397/2011
WITH
CIVIL APPLICATION NO. 8113 OF 2011 IN FAST/12392/2011
WITH
CIVIL APPLICATION NO. 8116 OF 2011 IN FAST/12119/2011
WITH
CIVIL APPLICATION NO. 8117 OF 2011 IN FAST/12119/2011
WITH
CIVIL APPLICATION NO. 8101 OF 2011 IN FAST/12419/2011
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD
VERSUS
ANGAD VYANKATRAO SOLANKE AND ANR
…
Advocate for applicants/appellants : Mr. Sambhaji S. Tope
AGP for Respondent/State : Mr. D.R. Korde
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : July 07, 2026
PER COURT :-
1. Heard the learned counsel for the Appellants and Mr. D.R. Korde,
learned AGP for State.
2. In civil applications filed for delay condonation, for the reasons
stated in the applications, the applications are allowed. Delay is condoned.
3. By these appeals, the Appellants assail the Judgment and award
dated 2.5.2009 passed by the learned Jt. Civil Judge Senior Division,
Ahmedpur in L.A.R. No.160 of 2007 and other connected matters arising
out of same acquisition proceedings.
4. Mr. D.R. Korde, learned AGP submits that the SLAO has granted
compensation at the rate of Rs.79/- per Sq. mtrs. and the reference court
has enhanced the same at the rate of Rs. 89/- per Sq. Mtrs. He therefore,
CA 8118/11 & Ors.
3
submits that the compensation enhanced by the learned Reference Court
does not exceed four times the amount awarded by the Land Acquisition
Officer.
5. 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
Government Resolution, took a decision not to challenge the reference, if
compensation is enhanced only upto four times.
6. Therefore, I do not find any reason to intervene with the impugned
order. Hence, the present Appeals are dismissed.
7. The Claimants are at liberty to withdraw the amount deposited by
the State/acquiring body before the learned Reference Court, if any.
8. In view of dismissal of the Appeals, pending Civil Applications, if any,
do not survive and are disposed of accordingly.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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