Bombay High Court
THE STATE OF MAHARASHTRA AND ORSversusRAMKUNDLIK BIRAJADAR
- 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 Ramkundlik Birajadar in a land acquisition proceeding. The State contended that the enhancement did not exceed four times the amount originally awarded by the Land Acquisition Officer, and relied on a State Government resolution (Sankirna-2014/Prak.Kra.4/Bham-1/A-4) stating it would not challenge any enhancement up to that limit. The Court examined the policy resolution and found no basis to intervene since the enhanced compensation fell within the four‑times ceiling. Consequently, the Court dismissed the appeal, allowing the claimant to withdraw any amount deposited with the acquiring authority and disposing of any pending civil applications. The decision underscores the deference given to the State’s policy on compensation limits in land acquisition cases.
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 court's order given the Government resolution limiting challenges to enhancements beyond four times.
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal dismissed
Judgment
2026:BHC-AUG:46173
238-FA-1177-2011.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
238 FIRST APPEAL NO. 1177 OF 2011
The State Of Maharashtra And Others
VERSUS
Ramkundlik Birajadar
……
Mr. B.A. Shinde, AGP for Appellant-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.270 of 2005 (Old LAR No.95 of 1998).
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.
238-FA-1177-2011.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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