Bombay High Court
EXECUTIVE ENGINEERE (M S E B )versusPRAKASH NAGIN PATIL and ORS.
- Disposal
- DISMISSED
Holding
The High Court held that there was no ground to intervene as the compensation was not enhanced beyond four times the amount awarded by the Land Acquisition Officer, and dismissed the appeal.
Summary
The Executive Engineer (M.S.E.B.) appealed a 2005 judgment and award of compensation in a land acquisition case, contending that the reference court had enhanced the compensation beyond the four‑times limit set by the State Government's policy resolution. The State argued that the enhancement was within the permissible four‑times ceiling and that the resolution expressly directed not to challenge such awards. The High Court examined the policy resolution dated 03‑11‑2016, with its corrigenda, and found no basis to interfere with the lower court's order. Consequently, the Court dismissed the appeal, holding that the compensation did not exceed the statutory ceiling. All pending civil applications related to the appeal were also disposed of.
Issues considered
- Whether the compensation enhanced by the reference court exceeds the four‑times limit prescribed by the State Government resolution
- Whether the High Court should intervene in the reference court's award under the stated policy
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal
- civil application
Judgment
2026:BHC-AUG:41309
903-FA-613-2005.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
903 FIRST APPEAL NO. 613 OF 2005
WITH
CIVIL APPLICATION NO. 9877 OF 2008 IN FA/613/2005
Executive Engineer (M.S.E.B.)
VERSUS
Prakash Nagin Patil and Others
……
Mr. Sanjay Mundhe, Advocate for the Appellant
Mr. J.R. Shah, Advocate for Respondents No.1 to 4
Mr. D.R. Korde, AGP for Respondent No.5-State
…...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 04 SEPTEMBER, 2026
PER COURT :
1. Heard the learned counsel for the Appellant/State.
2. By this appeal, the Appellant assail the Judgment and award dated
08.03.2005 passed by the learned Civil Judge Senior Division, Shahada in
L.A.R. No. 2 of 1998 (Old LAR No.4 of 1996)
3. Learned counsel for the appellant as well as learned AGP 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
903-FA-613-2005.odt
2
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. In view of dismissal of the Appeal, pending Civil Applications, if any,
do not survive and are disposed of accordingly.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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