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Bombay High Court

STATE OF MAHAversusBALIRAM BAPURAO SHIVARAGE

Disposal
DISMISSED

Holding

The appeal is dismissed as there is no reason to intervene where the compensation enhancement is limited to four times the original award per the State Government’s policy.

Summary

The State of Maharashtra appealed a judgment of the Joint Civil Judge (Senior Division) in Ahmednagar that enhanced compensation awarded to Baliram Bapurao Shivarage in a land acquisition matter. The compensation was increased by the reference court to an amount not exceeding four times the award made by the Land Acquisition Officer. The State contended that such enhancement exceeded permissible limits and sought to challenge the order. The Court examined the State Government’s policy decision embodied in Government Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 03‑11‑2016, as amended, which stipulated that the State would not contest enhancements up to four times the original award. Finding no merit to intervene and noting the policy, the Court dismissed the appeal. Consequently, the appeal was dismissed, pending civil applications were disposed of, and the claimant was allowed to withdraw any amount deposited with the acquiring authority.

Issues considered

  • Whether the State of Maharashtra can challenge the reference court's enhancement of compensation when the enhancement does not exceed four times the amount awarded by the Land Acquisition Officer.

Subjects

  • land acquisition
  • compensation
  • reference court
  • appeal
  • government resolution
  • policy decision

Judgment

2026:BHC-AUG:46272
                                                                           214-FA-1727-09.odt
                                                  1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             214 FIRST APPEAL NO. 1727 OF 2009

                                      State Of Maharashtra
                                            VERSUS
                                   Baliram Bapurao Shivarage

                                            ……
          Mr. A.D. Wange, 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

          10.08.2004 passed by the learned Jt. Civil Judge Senior Division,

          Ahmednagar in L.A.R. No.25 of 1996.


          3.     Learned AGP for the appellant 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.
                                                                     214-FA-1727-09.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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