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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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