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Bombay High Court

THE EXECUTIVE ENGINEER, KUKADI LEFT BANK CANAL, SUB-DIVISION, AUTEWADI, KARJATversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISMISSED

Holding

The appeals are dismissed; the compensation awarded, being within four times the SLAO award, is upheld and interest under Section 34 of the Land Acquisition Act, 1894 is awarded.

Summary

The Executive Engineer, Kukadi Left Bank Canal, appealed to the Aurangabad Bench of the High Court of Bombay against a judgment and award dated 11 February 2011 passed by the Reference Court in L.A.R. Nos. 516‑519 of 2003, contending that the compensation awarded, which was up to four times the amount fixed by the Special Land Acquisition Officer (SLAO), was excessive. The State of Maharashtra relied on a Government Resolution dated 3 November 2016 (with subsequent corrigenda) which stipulated that the reference would not be challenged if the compensation was enhanced only up to four times. The Court examined whether there was any ground to intervene in the Reference Court’s award and found none, noting that the compensation fell within the permissible four‑fold limit. Consequently, the Court dismissed the appeals and ordered that the pending civil applications be disposed of. It also affirmed that the claimants are entitled to interest under Section 34 of the Land Acquisition Act, 1894 from the date of the award, following the precedent of State of Maharashtra v. Kailash Shiva Rangari.

Issues considered

  • Whether the compensation awarded by the Reference Court, being up to four times the SLAO award, is liable to be enhanced further.
  • Whether the High Court should intervene in the Reference Court’s award under the Government Resolution.
  • Whether interest is payable on the compensation under Section 34 of the Land Acquisition Act, 1894.

Legislation cited

Subjects

  • compensation
  • land acquisition
  • interest
  • appeal
  • reference court
  • civil application
  • delay condoned

Judgment

2026:BHC-AUG:29690

                                                                 139-CA-9186-2016.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                          139 CIVIL APPLICATION NO. 9186 OF 2016
                                      IN FAST/667/2016

            The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                            Karjat
                                           VERSUS
                            The State Of Maharashtra And Others

                                           WITH
                            CIVIL APPLICATION NO. 9192 OF 2016
                                     IN FAST/784/2016

            The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                            Karjat
                                           VERSUS
                            The State Of Maharashtra And Others

                                           WITH
                            CIVIL APPLICATION NO. 9189 OF 2016
                                     IN FAST/788/2016

            The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                            Karjat
                                           VERSUS
                              The State Of Maharashtra And Anr

                                           WITH
                            CIVIL APPLICATION NO. 9193 OF 2016
                                     IN FAST/784/2016

            The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                            Karjat
                                           VERSUS
                            The State Of Maharashtra And Others

                                           WITH
                            CIVIL APPLICATION NO. 9190 OF 2016
                                     IN FAST/793/2016

            The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                            Karjat

          Shubham                                                           Page 1 of 4
                                                       139-CA-9186-2016.doc


                                 VERSUS
                    The State Of Maharashtra And Anr

                                 WITH
                  CIVIL APPLICATION NO. 9188 OF 2016
                           IN FAST/788/2016

  The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                  Karjat
                                 VERSUS
                    The State Of Maharashtra And Anr

                                 WITH
                  CIVIL APPLICATION NO. 9187 OF 2016
                           IN FAST/667/2016

  The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                  Karjat
                                 VERSUS
                  The State Of Maharashtra And Others

                                 WITH
                  CIVIL APPLICATION NO. 9191 OF 2016
                           IN FAST/793/2016

  The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                  Karjat
                                 VERSUS
                    The State Of Maharashtra And Anr

                                 WITH
                   FIRST APPEAL (ST) NO. 667 OF 2016

  The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                  Karjat
                                 VERSUS
                  The State Of Maharashtra And Others

                                 WITH
                   FIRST APPEAL (ST) NO. 793 OF 2016

  The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                  Karjat

Shubham                                                           Page 2 of 4
                                                             139-CA-9186-2016.doc


                                     VERSUS
                        The State Of Maharashtra And Anr

                                     WITH
                       FIRST APPEAL (ST) NO. 788 OF 2016

     The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                     Karjat
                                    VERSUS
                       The State Of Maharashtra And Anr


                                     WITH
                       FIRST APPEAL (ST) NO. 784 OF 2016

     The Executive Engineer, Kukadi Left Bank Canal, Sub-division, Autewadi,
                                     Karjat
                                    VERSUS
                     The State Of Maharashtra And Others

                                         ...
Mr. Rajale Gulab B. for Applicant.
Mr. D. R. Korde, AGP for State.
                                         ….


                                   CORAM :     SIDDHESHWAR S. THOMBRE, J.
                                   DATE :      17 JULY 2026

P. C.:

1.        Considering the averments made in the captioned Civil Application

Nos.9186, 9190, 9192 and 9188 of 2016, delay is condoned.

2.        The Civil Application Nos.9186, 9190, 9192 and 9188 of 2016 are

disposed of.

3.        Heard the learned counsel for the respective parties.

4.        By these appeals, the appellant assails the judgment and award dated

11.02.2011 passed by the Reference Court in L.A.R. No.516, 517, 518 and
Shubham                                                                 Page 3 of 4
                                                             139-CA-9186-2016.doc


519 of 2003.

5.        Learned counsel submit that the compensation granted by the learned

Reference Court is within four times the compensation granted by the SLAO.

6.        In   fact   the   State   Government   vide   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.

7.        Therefore, I do not find any reason to intervene with the impugned

orders. Hence, the present Appeals are dismissed.

8.        The Claimants are entitled to interest under Section 34 of the Land

Acquisition Act, 1894 from the date of award as per State of Maharashtra

Vs. Kailash Shiva Rangari (2016(3) Mh.L.J. 457).

9.        In view of dismissal of the Appeal, pending Civil Applications, if any,

do not survive and are disposed of accordingly.



                                          [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                 Page 4 of 4


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