Bombay High Court
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LATUR AND ANRversusTULSIRAM BAPURAO JADHAV AND ANR
- Disposal
- DISPOSED OFF
Holding
The appeal is dismissed because the compensation enhancement does not exceed four times the Land Acquisition Officer’s award and the State’s policy precludes challenging such an enhancement.
Summary
The Godavari Marathwada Irrigation Development Corporation appealed a judgment dated 5 April 2007 that had enhanced compensation awarded to the claimants in a land acquisition matter. The appellants argued that the reference court’s enhancement should not exceed four times the amount awarded by the Land Acquisition Officer. The State Government’s policy resolution of 3 November 2016, as amended, stipulated that it would not challenge any reference court award that increased compensation only up to four times. The High Court examined whether the enhanced compensation breached this limit and whether the State’s policy barred any challenge. Finding that the enhancement did not exceed the four‑fold ceiling and that the policy precluded a challenge, the Court dismissed the appeal. Consequently, the pending civil applications were also disposed of.
Issues considered
- Whether the reference court’s enhancement of compensation exceeds four times the award of the Land Acquisition Officer
- Whether the State Government’s policy resolution bars a challenge to compensation enhanced up to four times
- Whether the appeal against the reference court’s award should be entertained
Subjects
- land acquisition
- compensation
- reference court
- state policy
- appeal
- civil application
- dismissal
Judgment
2026:BHC-AUG:26268-DB
1 of 3 922-CA.9022.2007
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
922 CIVIL APPLICATION NO. 9022 OF 2007
IN FAST/18603/2007
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
CORPORATION LATUR AND ANR
VERSUS
TULSIRAM BAPURAO JADHAV AND ANR
...
Mr. S. G. Sangle, Advocate for Applicants.
Mr. A.A.A. Khan, AGP for Respondent-State.
...
AND
CIVIL APPLICATION NO. 9024 OF 2007
IN FAST/18603/2007
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
CORPORATION LATUR AND ANR
VERSUS
TULSIRAM BAPURAO JADHAV AND ANR
…
Mr. S. G. Sangle, Advocate for Applicants.
Mr. A.A.A. Khan, AGP for Respondent-State.
AND
CIVIL APPLICATION NO. 9023 OF 2007
IN FAST/18603/2007
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
CORPORATION LATUR AND ANR
VERSUS
TULSIRAM BAPURAO JADHAV AND ANR
…
Mr. S. G. Sangle, Advocate for Applicants.
Mr. A.A.A. Khan, AGP for Respondent-State.
…
AND
FIRST APPEAL (STAMP) NO.18603 OF 2007
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
CORPORATION LATUR AND ANR
Tauseef
2 of 3 922-CA.9022.2007
VERSUS
TULSIRAM BAPURAO JADHAV AND ANR
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 2nd JULY, 2026
P.C.:-
1. Heard the learned counsel for the Appellants/State.
2. By this appeal, the Appellants are assailing the Judgment and
award dated 05.04.2007 passed by the learned Civil Judge Senior
Division, Nilanga, District Latur in LAR No.564 of 2002.
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.
Tauseef
3 of 3 922-CA.9022.2007
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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