Bombay High Court

GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD.versusKONDIBA NAMDEO SOLANKE AND ANR

Disposal: DISMISSED
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The appeal is dismissed because the reference court's enhancement up to four times the SLAO award does not warrant judicial intervention.

Summary

The appellants, Godavari Marathwada Irrigation Development Corporation Ltd, challenged a 2009 judgment that awarded compensation in land acquisition proceedings. They contended that the reference court’s enhancement of compensation from Rs.79 to Rs.89 per square metre exceeded permissible limits. The State, through its Attorney General, argued that under a 2016 Government Resolution, enhancements up to four times the Land Acquisition Officer’s award would not be contested. The court examined the policy decision and found no basis to interfere with the reference court’s order. Consequently, the appeals were dismissed and any pending civil applications for delay condonation were disposed of.

Issues considered

Whether the reference court's enhancement of compensation beyond the amount awarded by the Land Acquisition Officer can be challenged
Whether the State's policy of not challenging enhancements up to four times the SLAO award is legally valid

Subjects

Land Acquisition
Compensation
Reference Court
Government Resolution
Delay Condonation
Civil Appeal

Judgment

2026:BHC-AUG:27112

                                                                 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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