Bombay High Court
THE STATE OF MAHARASHTRA AND ORSversusRAMLING NARSING MALI
- Disposal
- DISMISSED
Holding
The appeal is dismissed as the enhanced compensation does not exceed four times the original award and the State's policy precludes a challenge.
Summary
The State of Maharashtra appealed a judgment of the Joint Civil Judge Senior Division, Omerga, which had enhanced compensation awarded to Ramling Narsing Mali in a land acquisition matter. The State contended that the reference court’s enhancement exceeded four times the amount originally awarded by the Land Acquisition Officer. The court examined the State Government’s policy resolution, which stipulated that the State would not challenge a reference order if the enhancement was up to four times the original award. Finding that the enhancement did not surpass this limit and that the policy barred a challenge, the court saw no ground to intervene. Consequently, the appeal was dismissed, the claimant was allowed to withdraw any deposited amount, and any pending civil applications were disposed of.
Issues considered
- Whether the compensation enhanced by the reference court exceeds four times the amount awarded by the Land Acquisition Officer.
- Whether the State can challenge the reference order when the enhancement is within the four‑times limit prescribed by the Government resolution.
Subjects
- land acquisition
- compensation
- reference court
- appeal
- government resolution
- policy
- civil application
Judgment
2026:BHC-AUG:46175
236-FA-1174-2011.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
236 FIRST APPEAL NO. 1174 OF 2011
The State Of Maharashtra And Others
VERSUS
Ramling Narsing Mali
……
Mr. A.D. Wange, AGP for Appellant-State
Mr. V.V. Ingale, Advocate for Respondent-State
.……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 28 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
20.12.2007 passed by the learned Jt.Civil Judge Senior Division, Omerga in
L.A.R. No.223 of 2005.
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.
236-FA-1174-2011.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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