Bombay High Court
BHAGWAN ONKAR SHRAVANEversusTHE LAND ACQUISITION OFFICER I UPTH JALGAON AND ANR
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The appellate court found no ground to intervene and dismissed the appeal.
Summary
The Executive Engineer, Minor Irrigation Division Latur appealed against a judgment of the Joint Civil Judge Senior Division, Ahmedpur, which had enhanced compensation for land acquisition up to four times the amount awarded by the Land Acquisition Officer. The appellant argued that the enhancement exceeded the permissible limit, while the State contended that the enhancement was within the ceiling set by a Government Resolution dated 03.11.2016, as amended in 2017 and 2018. The court examined the policy decision embodied in the resolution, which stipulated that the State would not challenge any reference court award that did not exceed four times the original compensation. Finding that the enhanced award fell within this statutory ceiling, the bench saw no reason to interfere with the reference court’s order. Consequently, the appeal was dismissed, and any pending civil applications were also disposed of. The claimant was permitted to withdraw any amount deposited with the acquiring authority, if applicable.
Issues considered
- Whether the compensation enhancement by the reference court exceeding four times the amount awarded by the Land Acquisition Officer is permissible under the State Government Resolution.
- Whether the appellate court should intervene in the reference court's award when it is within the four‑times limit prescribed by policy.
Subjects
- land acquisition
- compensation enhancement
- government resolution
- reference court
- appeal dismissed
- policy ceiling
- civil application disposal
Judgment
2026:BHC-AUG:38481
52-FA-726-14.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
52 FIRST APPEAL NO. 726 OF 2014
WITH
CIVIL APPLICATION NO. 12243 OF 2012 IN FA/726/2014
The Executive Engineer, Minor Irrigation Division Latur
VERSUS
The State Of Maharashtra And Another
......
Ms. Dipali S. Ansingkar (Jape), Advocate for Appellant
Mr. D.R. Korde, AGP for Respondent No.1-State
......
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 6 JULY, 2026
PER COURT :
1. Heard the learned counsel for the Appellant/State.
2. By this appeal, the Appellant assail the Judgment and award dated
13.04.2010 passed by the learned Jt.Civil Judge Senior Division, Ahmedpur
in L.A.R. No.175 of 2007.
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
Resolution, took a decision not to challenge the reference, if compensation is
enhanced only upto four times.
52-FA-726-14.odt
2
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.
7. 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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