Bombay High Court
THE STATE OF MAH AND ANRversusCHAGDEO BABURAO GAMBHIRE L.RS. RENBA CHANGDEO GAMBHIRE
- 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 a judgment of the Joint Civil Judge, Senior Division, Latur, which had enhanced compensation awarded to the respondents 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 (No. Sankirna-2014/Prak.Kra.4/Bham-1/A-4) and its subsequent corrigenda. The Court examined the policy decision and found that the reference court had indeed limited the enhancement to four times, aligning with the government's resolution. Consequently, the Court saw no basis to interfere with the reference court's order. The appeal was dismissed, the respondents were allowed to withdraw any amount deposited with the acquiring authority, and any pending civil applications were disposed of.
Issues considered
- Whether the State can challenge the reference court's enhancement of compensation beyond four times the amount awarded by the Land Acquisition Officer.
Subjects
- land acquisition
- compensation enhancement
- government resolution
- reference court
- appeal dismissed
Judgment
2026:BHC-AUG:46263
230-FA-2250-10.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
230 FIRST APPEAL NO. 2250 OF 2010
The State Of Mah And Anr
VERSUS
Chagdeo Baburao Gambhire L.rs. Renba Changdeo Gambhire
……
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.299 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.
230-FA-2250-10.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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