Bombay High Court
THE STATE OF MAHARASHTRA AND ANOTHERversusKADUBA KHANDU TATHE AND ANOTHER
- Disposal
- DISMISSED
Holding
The appeal is dismissed; the reference court’s compensation enhancement up to four times the Land Acquisition Officer’s award is upheld.
Summary
The State of Maharashtra appealed against the award of compensation in three land acquisition cases (L.A.R. Nos. 91/1998, 92/1998, 94/1998) where the reference court had enhanced the amount payable to the claimants. The claimants argued that the enhancement did not exceed four times the amount originally awarded by the Land Acquisition Officer. The State contended that any enhancement beyond four times should be challenged. The Court examined the State Government’s policy resolution (No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4) which stipulated that the State would not contest a reference order if the compensation was increased only up to four times. Finding no merit to interfere with the reference court’s award and noting the policy, the Court dismissed the appeals. Consequently, the pending civil applications related to the appeals were also disposed of.
Issues considered
- Whether the reference court’s enhancement of compensation beyond the Land Acquisition Officer’s award, but not exceeding four times, is permissible under the State’s policy.
- Whether the State of Maharashtra can challenge the reference court’s award when the enhancement is within the four‑times limit.
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal
- Maharashtra
Judgment
2026:BHC-AUG:46250
FA 246/15 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
929 FIRST APPEAL NO. 246 OF 2015
THE STATE OF MAHARASHTRA AND ANOTHER
VERSUS
ANANDA RAMJI TATHE
...
AGP for Appellants/State : Mr. B.A. Shinde
Advocate for Respondent/claimant : Mr. D.A. Bide h/f. Mr. C.K. Sonawane
…
328 FIRST APPEAL NO. 209 OF 2015
THE STATE OF MAHARASHTRA AND ANOTHER
VERSUS
KADUBA KHANDU TATHE AND ANOTHER
...
AGP for Appellants/State : Mr. S.S. Dande
Advocate for Respondent/claimant : Mr. D.A. Bide h/f. Mr. C.K. Sonawane
…
330 FIRST APPEAL NO. 245 OF 2015
THE STATE OF MAHARASHTRA AND ANOTHER
VERSUS
TRIMBAK GANPAT TATHE
...
AGP for Appellants/State : Mr. D.R. Korde
Advocate for Respondent/claimant : Mr. D.A. Bide h/f. Mr. C.K. Sonawane
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : September 30, 2026
PER COURT :-
1. Heard the respective learned AGP for appellants and Mr. D.A. Bide h/f.
Mr. C.K. Sonawane for original claimants.
2. By these appeals, the Appellants assail the Judgment and award
dated 11.2.2011 passed by the learned VIth Jt. Civil Judge, Senior Division,
Aurangabad in L.A.R. Nos. 92/1998, 94/1998 and 91/1998.
3. Both the learned advocate submit that the compensation enhanced
FA 246/15 & Ors.
2
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.
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 Appeals, pending Civil Applications, if any,
do not survive and are disposed of accordingly.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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