Created by Fuzzy Cloud

Bombay High Court

THE STATE OF MAHARASHTRA AND ORSversusKALAVATI BABRUWAN DWANDKAR

Disposal
DISMISSED

Holding

The appeal is dismissed because the compensation enhancement does not exceed the four‑times limit prescribed by the State Government's resolution.

Summary

The State of Maharashtra appealed against a judgment of the Joint Civil Judge, Senior Division, Omerga, which had enhanced compensation in a land acquisition case involving Kalavati Babruwan Dwandkar. The State argued that the enhanced compensation should not exceed four times the amount awarded by the Land Acquisition Officer. The court examined the State Government's policy resolution dated 03.11.2016, with subsequent corrigenda, which stipulated that the State would not challenge a reference if the compensation was enhanced only up to four times. Finding no merit to intervene, the High Court dismissed the appeal. Consequently, the claimant may withdraw any amount deposited with the acquiring authority, 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 is entitled to challenge the reference court's order when the enhancement is within the four‑times limit

Subjects

  • Land Acquisition
  • Compensation
  • Government Resolution
  • Appeal
  • Civil Procedure

Judgment

2026:BHC-AUG:46174
                                                                         237-FA-1175-2011.odt
                                                  1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                            237 FIRST APPEAL NO. 1175 OF 2011

                             The State Of Maharashtra And Others
                                           VERSUS
                                Kalavati Babruwan Dwandkar

                                              ……
          Mr. B.A. Shinde, 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.217 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.
                                                                   237-FA-1175-2011.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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.