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Bombay High Court

THE EXECUTIVE ENGINEER, BHIMA JALVIDYUT, SOLAPURversusBHAUSAHEB DATTAJIRAO BHOSALE AND ANR.

Decided
Disposal
Disposed Off

Holding

The appeal must be withdrawn because the enhanced compensation is within four times the original award as mandated by the Government Resolutions.

Summary

The appellant, an Executive Engineer of Bhima Jalvidyut, filed a first appeal challenging a compensation award in a land acquisition matter. The State, represented by the Additional Government Pleader, relied on three Government Resolutions (dated 3 November 2016, 11 May 2018, and 13 August 2018) that prescribe withdrawal of any appeal where the Reference Court's enhancement does not exceed four times the amount awarded by the Special Land Acquisition Officer. The court examined the record and found that the enhanced compensation was indeed within the four‑times limit. Accordingly, the court held that the appeal fell within the scope of the policy and must be withdrawn. The appeal was therefore disposed of as withdrawn, with an order for refund of any court fee paid. All pending interlocutory applications were also dismissed as they did not survive the withdrawal.

Issues considered

  • Whether the appeal filed by the State must be withdrawn under the Government Resolutions when the enhanced compensation does not exceed four times the amount awarded by the Special Land Acquisition Officer
  • Whether the court fee paid on the appeal is to be refunded upon withdrawal

Subjects

  • land acquisition
  • compensation
  • appeal withdrawal
  • government policy
  • civil procedure

Judgment

                                                                             22-FA-1051-2026.doc


                      Sayali
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                         FIRST APPEAL NO. 1051 OF 2026
SAYALI
DEEPAK                The Executive Engineer, Bhima
UPASANI               Jalvidyut, Solapur                            … Appellant
Digitally signed by               V/s.
SAYALI DEEPAK
UPASANI               Bhausaheb Dattajirao Bhosale And Anr.         … Respondents
Date: 2026.09.29
18:52:56 +0530
                      Ms. Chaitrali Deshmukh, for Appellant.
                      Mr. A. R. Patil, Additional GP for State for Respondent
                      no. 2.
                      Mr. Dhandeo D. Shinde, for Respondent no. 1.


                                                   CORAM       : AMIT BORKAR, J.

                                                   DATED       : SEPTEMBER 29, 2026
                      P.C.:

                      1.       Learned Additional Government Pleader appearing for the
                      State has placed reliance upon the Government Resolutions dated
                      3 November 2016, 11 May 2018 and 13 August 2018. Under the
                      said Government Resolutions, the State Government has taken a
                      policy decision that where the compensation enhanced by the
                      Reference Court does not exceed four times the amount awarded
                      by the Special Land Acquisition Officer, the first appeal filed by the
                      State is liable to be withdrawn. The learned Additional
                      Government Pleader submits that the present appeal falls within
                      the scope of the said policy decision.

                      2.       Upon perusal of the record and, in particular, the amount of
                      compensation awarded by the Special Land Acquisition Officer and



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                                                     22-FA-1051-2026.doc


the enhanced amount granted by the Reference Court, it appears
that the enhancement in the present case is within four times the
amount originally awarded by the Special Land Acquisition Officer.
The case, therefore, falls within the parameters prescribed under
the aforesaid Government Resolutions.

3.   In view of the aforesaid position and the policy decision of
the State Government contained in the Government Resolutions
referred to hereinabove, the first appeal is permitted to be
withdrawn and is accordingly disposed of as withdrawn.

4.   The Court fee, if any, paid on the appeal shall be refunded to
the appellant in accordance with the applicable Rules.

5.   In view of the disposal of the first appeal, all pending
interlocutory applications, if any, do not survive and are
accordingly disposed of.


                                            (AMIT BORKAR, J.)




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