Bombay High Court
THE STATE OF MAH AND ANRversusKUNDLIK HARIBA SONWANE
- Disposal
- DISMISSED
Holding
The appeal is dismissed as the compensation enhancement does not exceed the four‑times limit prescribed by the State Government resolution.
Summary
The State of Maharashtra appealed against a judgment of the Joint Civil Judge, Senior Division, Latur, which had enhanced compensation awarded to the claimant, Kundlik Hariba Sonwane, in a land acquisition matter. The State argued that the enhancement should not exceed four times the amount fixed by the Land Acquisition Officer, citing a State Government resolution (Sankirna-2014/Prak.Kra.4/Bham-1/A-4) and its subsequent corrigenda. The Court examined the policy decision embodied in the resolution and found no merit to intervene where the enhancement was within the four‑fold limit. 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 appeal was therefore dismissed.
Issues considered
- Whether the compensation enhancement beyond four times the Land Acquisition Officer's award is permissible under the State Government resolution.
- Whether the appellate court should intervene in the reference court's order enhancing compensation.
Subjects
- land acquisition
- compensation
- government resolution
- appeal
- reference court
- civil procedure
Judgment
2026:BHC-AUG:46264
229-FA-2249-10.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
229 FIRST APPEAL NO. 2249 OF 2010
The State Of Mah And Anr
VERSUS
Kundlik Hariba Sonwane
……
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
28.02.2008 passed by the learned Jt. Civil Judge Senior Division, Latur in
L.A.R. No.301 of 1991.
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.
229-FA-2249-10.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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