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
- Land Acquisition Act, 1894 — s. 34
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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