Bombay High Court

THE STATE OF MAH AND ORSversusGANESH JAYWANT SANAP AND ORS

Disposal: DISMISSED

Holding

The appeal is dismissed as the enhanced compensation is within four times the amount awarded by the Land Acquisition Officer.

Summary

The State of Maharashtra appealed a 2007 award of compensation in a land acquisition case involving Ganesh Jaywant Sanap and others. The appellants argued that the reference court's enhanced compensation did not exceed four times the amount awarded by the Land Acquisition Officer, citing rates of Rs.452 and Rs.567 per unit versus Rs.2,200 per unit. The State Government's policy resolution of 2016, as amended, stipulated that challenges would not be entertained if the enhancement was up to four times. The High Court examined these submissions and found no basis to intervene, concluding that the compensation was within the permissible limit. Consequently, the appeal was dismissed and any pending civil applications were also disposed of.

Issues considered

Whether the compensation enhanced by the reference court exceeds the four‑times limit prescribed by the State Government resolution.

Subjects

land acquisition
compensation
reference court
government resolution
appeal
dismissal

Judgment

2026:BHC-AUG:46235

                                                                           FA 1898/2009
                                                  1

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                907 FIRST APPEAL NO. 1898 OF 2009

                              THE STATE OF MAHARASHTRA AND ORS
                                              VERSUS
                                GANESH JAYWANT SANAP AND ORS
                                                 ...
                             AGP for appellants/State : Mr. S.S. Dande
                          Advocate for Respondents 1 to 3 : Mr. T.B. Bhosale
                                                 ...

                                 CORAM        : SIDDHESHWAR S. THOMBRE, J.
                                 Dated        : September 30, 2026

            PER COURT :-

            1.    Heard the learned AGP for the appellants and the learned counsel for

            respondent Nos. 1 to 3.

            2.       By this appeal, the appellants assail the Judgment and award dated

            5.4.2007 passed by the learned Adhoc Additional District Judge-1 Beed in

            LAR No. 586/2006.

            3.       Both the learned advocate submit that the compensation enhanced

            by the learned Reference Court does not exceed four times the amount

            awarded by the Land Acquisition Officer. They submit that the SLAO has

            granted compensation at the rate of Rs.452/- per R. and Rs.567/- per R. as

            against the same, the learned reference court has granted compensation at

            the rate of Rs.2200/- per R. and thus, the compensation granted is within

            four times.

            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
                                                               FA 1898/2009
                                      2

Resolution, took a decision not to challenge the reference, if compensation

is enhanced only upto four times.

5.      Therefore, I do not find any reason to intervene with the impugned

order. Hence, the present appeal is dismissed.

6.     In view of dismissal of the appeal, pending civil applications, if any,

do not survive and are disposed of accordingly.



                                          ( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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