Bombay High Court
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION JALNAversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- DISPOSED OFF
Holding
The appeal is dismissed because the compensation enhancement does not exceed four times the amount awarded by the Land Acquisition Officer.
Summary
The Executive Engineer, Minor Irrigation Division, Jalna appealed against a judgment and award dated 30‑12‑2002 in L.A.R. No.141 of 1996, challenging the compensation enhancement ordered by the reference court. The contention was that the enhanced compensation exceeded four times the amount awarded by the Land Acquisition Officer. The court considered the State Government's resolution (No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 03‑11‑2016, with subsequent corrigenda) which stipulated that the State would not contest the reference court's award if the enhancement was up to four times. Finding that the enhancement did not surpass this limit, the court saw no ground to interfere. Consequently, the appeal was dismissed and any pending civil applications were disposed of.
Issues considered
- Whether the compensation enhancement by the reference court exceeds the permissible limit of four times the amount awarded by the Land Acquisition Officer as per the State Government resolution
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal
- civil procedure
Judgment
2026:BHC-AUG:26276
1 of 3 925-CA.8411.2009
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
925 CIVIL APPLICATION NO. 8411 OF 2009
IN FAST/15800/2009
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION JALNA
VERSUS
THE STATE OF MAHARASHTRA AND ANR.
...
Mr. Ruturaj C. Patil, Advocate for Applicant.
Mrs. A. S. Mantri, AGP for Respondent-State.
...
AND
CIVIL APPLICATION NO. 8413 OF 2009
IN FAST/15800/2009
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION JALNA
VERSUS
THE STATE OF MAHARASHTRA AND ANR.
…
Mr. Ruturaj C. Patil, Advocate for Applicant.
Mrs. A. S. Mantri, AGP for Respondent-State.
AND
CIVIL APPLICATION NO. 8412 OF 2009
IN FAST/15800/2009
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION JALNA
VERSUS
THE STATE OF MAHARASHTRA AND ANR.
…
Mr. Ruturaj C. Patil, Advocate for Applicant.
Mrs. A. S. Mantri, AGP for Respondent-State.
…
AND
FIRST APPEAL (STAMP) NO.15800 OF 2009
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION JALNA
VERSUS
THE STATE OF MAHARASHTRA AND ANR.
…
2 of 3 925-CA.8411.2009
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 2nd JULY, 2026
P.C.:-
1. Heard the learned counsel for the Appellant/State.
2. By this appeal, the Appellant assail the Judgment and award
dated 30.12.2002 passed by the learned Civil Judge Senior Division,
Jalna in L.A.R. No.141 of 1996.
3. Both the learned Advocates 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 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.
3 of 3 925-CA.8411.2009
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.)
Tauseef
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