Bombay High Court

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION JALNAversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The appellate court dismissed the appeal, finding no reason to intervene in the reference court’s award.

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, contending that the compensation enhanced by the reference court exceeded four times the amount awarded by the Land Acquisition Officer. The State of Maharashtra relied on a Government 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 challenge a reference court's award if the enhancement was only up to four times. The learned judge examined the submissions and found no basis to intervene in the reference court’s order. Consequently, the appeal was dismissed, and any pending civil applications were disposed of. The claimant was allowed to withdraw any amount deposited with the acquiring authority, if any.

Issues considered

Whether the compensation enhanced by the reference court exceeding four times the amount awarded by the Land Acquisition Officer can be challenged.

Subjects

land acquisition
compensation
reference court
government resolution
appeal
civil procedure

Judgment

2026:BHC-AUG:26278
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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