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Bombay High Court

THE STATE OF MAH AND ORSversusMAHALING SUBHASH MITKARI

Disposal
DISMISSED

Holding

The appeals are dismissed as there is no ground to intervene in the reference court’s award.

Summary

The State of Maharashtra appealed against a judgment and award dated 23 February 2007 issued by the Joint Civil Judge Senior Division, Ahmedpur, concerning land acquisition proceedings from 1996. The appellants contended that the compensation enhanced by the reference court should not exceed four times the amount awarded by the State Land Acquisition Officer (SLAO). The State Government’s resolution of 3 November 2016 (with subsequent corrigenda) stipulated that it would not challenge the reference court’s award if the enhancement was limited to four times the SLAO amount. The High Court examined whether there was any ground to intervene in the reference court’s award. Finding no reason to interfere, the Court dismissed all the appeals and ordered the disposal of any pending civil applications. Consequently, the original awards stood as rendered.

Issues considered

  • Whether the reference court’s enhanced compensation exceeds the four‑times limit prescribed by the State Government’s resolution.
  • Whether the High Court has jurisdiction to intervene in the reference court’s award under the land acquisition proceedings.

Subjects

  • land acquisition
  • compensation enhancement
  • reference court
  • appeal dismissal
  • Maharashtra State Government resolution
  • civil procedure

Judgment

2026:BHC-AUG:31784
                                              1 of 6              08-FA.2005.2014



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                8 FIRST APPEAL NO. 2005 OF 2014

                              THE STATE OF MAHARASHTRA AND ORS
                                               VERSUS
                                   SHIVAJI SANTRAM SHINGADE
                                                 ...
                Mr. R. B. Dhaware, AGP for the Appellant-State.
                                                 ...

                                             WITH
                                 FIRST APPEAL NO. 2012 OF 2014

                               THE STATE OF MAHARASHTRA AND ORS
                                               VERSUS
                                     SUDHIR SUBAHSH BEMBADE
                                                   …
                Mr. R. B. Dhaware, AGP for the Appellant-State.
                Mr. Suraj V. Gundre, Advocate for Respondent.

                                             WITH
                                 FIRST APPEAL NO. 2013 OF 2014

                              THE STATE OF MAHARASHTRA AND ORS
                                               VERSUS
                                      ARVIND VASANT DAKE
                                                 …
                Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
                Mr. R. B. Dhaware, AGP for the Appellant-State.

                                             WITH
                                 FIRST APPEAL NO. 2014 OF 2014

                              THE STATE OF MAHARASHTRA AND ORS
                                               VERSUS
                                   MAHALING SUBHASH MITKARI
                                                 …
                Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
                Mr. R. B. Dhaware, AGP for the Appellant-State.

                                             WITH
                                 FIRST APPEAL NO. 2015 OF 2014

      Tauseef
                                        2 of 6              08-FA.2005.2014




                        THE STATE OF MAHARASHTRA AND ORS
                                         VERSUS
                           BHANUDAS SANTRAM SHINGADE
                                           …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellant No.3.
          Mr. R. B. Dhaware, AGP for the Appellant-State.

                                       WITH
                           FIRST APPEAL NO. 2016 OF 2014

                        THE STATE OF MAHARASHTRA AND ORS
                                         VERSUS
                             BABRUWAN NIRUTTI BEMBADE
                                           …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
          Mr. R. B. Dhaware, AGP for the Appellant-State.

                                       WITH
                           FIRST APPEAL NO. 2007 OF 2014

                        THE STATE OF MAHARASHTRA AND ORS
                                         VERSUS
                           DNYANOBA SANTRAM SHINGADE
                                           …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
          Mr. R. B. Dhaware, AGP for the Appellant-State.

                                       WITH
                           FIRST APPEAL NO. 2017 OF 2014

                        THE STATE OF MAHARASHTRA AND ORS
                                         VERSUS
                              BAPURAO HANMANT KASALE
                                           …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
          Mr. R. B. Dhaware, AGP for the Appellant-State.

                                       WITH
                           FIRST APPEAL NO. 2019 OF 2014

                       THE STATE OF MAHARASHTRA AND ORS
                                     VERSUS

Tauseef
                                        3 of 6              08-FA.2005.2014



                          BAPURAO GYANOBA KONDAMGIRE
                                           …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
          Mr. R. B. Dhaware, AGP for the Appellant-State.

                                       WITH
                           FIRST APPEAL NO. 2021 OF 2014

                        THE STATE OF MAHARASHTRA AND ORS
                                         VERSUS
                          GYANDEO BAPURAO KONDAMIGIRE
                                           …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
          Mr. R. B. Dhaware, AGP for the Appellant-State.

                                       WITH
                           FIRST APPEAL NO. 2006 OF 2014

                        THE STATE OF MAHARASHTRA AND ORS
                                         VERSUS
                           DATTATRAYA BABARAO SHINGADE
                                           …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
          Mr. R. B. Dhaware, AGP for the Appellant-State.

                                       WITH
                           FIRST APPEAL NO. 2020 OF 2014

                        THE STATE OF MAHARASHTRA AND ORS
                                         VERSUS
                       SOPAN GYANOBA KONDAMIGRE AND ANR
                                           …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
          Mr. R. B. Dhaware, AGP for the Appellant-State.

                                       WITH
                           FIRST APPEAL NO. 2018 OF 2014

                      THE STATE OF MAHARASHTRA AND ORS
                                     VERSUS
                         JANARDHAN BABARAO SHINGADE
                                         …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.

Tauseef
                                         4 of 6             08-FA.2005.2014



          Mr. R. B. Dhaware, AGP for the Appellant-State.

                                        WITH
                            FIRST APPEAL NO. 2010 OF 2014

                         THE STATE OF MAHARASHTRA AND ORS
                                         VERSUS
                                SIDRAM NARAYAN TELANG
                                             …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
          Mr. R. B. Dhaware, AGP for the Appellant-State.
          Mr. Suraj V. Gundre, Advocate for Respondents.

                                        WITH
                            FIRST APPEAL NO. 2011 OF 2014

                        THE STATE OF MAHARASHTRA AND ANR
                                         VERSUS
                            MAHALING GANGADHAR YEDNE
                                           …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
          Mr. R. B. Dhaware, AGP for the Appellant-State.

                                        WITH
                            FIRST APPEAL NO. 2009 OF 2014

          THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND
                                          ANR
                                         VERSUS
                               BALAJI DIGAMBAR YELALE
                                           …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
          Mr. R. B. Dhaware, AGP for the Appellant-State.

                                        WITH
                            FIRST APPEAL NO. 2008 OF 2014

                        THE STATE OF MAHARASHTRA AND ORS
                                         VERSUS
                          DHONDIRAJ SHIVDASAPPA MITKARI
                                           …
          Ms. Madhubala Bharat Gangwal, Advocate for Appellants.
          Mr. R. B. Dhaware, AGP for the Appellant-State.

Tauseef
                                           5 of 6                       08-FA.2005.2014



                                                ...

                                   CORAM :            SIDDHESHWAR S. THOMBRE, J.
                                   DATE     :         22nd JULY, 2026

          P.C.:-

          1.        Admit.

          2.        The acquisition proceeding is of the year 1996, heard finally

          with the consent of the parties at the admission stage.


          3.        By this appeal, the Appellants are aggrieved by the Judgment

          and award dated 23.02.2007 passed by the learned Joint Civil Judge

          Senior Division, Ahmedpur, District Latur in LAR Nos.49/2002,

          48/2002, 66/2002, 50/2002, 47/2002, 53/2002, 52/2002, 51/2002,

          55/2002, 54/2002, 61/2002, 60/2002, 56/2002, 65/2002, 64/2002,

          63/2002 and 62/2002.


          4.        Both the learned Advocates for the respective parties submit

          that the compensation enhanced by the learned Reference Court does

          not exceed four times the amount awarded by the SLAO.


          5.        In fact the State Government vide 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.



Tauseef
                                           6 of 6                 08-FA.2005.2014



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

          impugned awards. Hence, the present Appeals are dismissed.

          7.        In view of dismissal of the Appeals, pending Civil

          Applications, if any, do not survive and are disposed of accordingly.


                                             (SIDDHESHWAR S. THOMBRE, J.)




Tauseef


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