Created by Fuzzy Cloud

Bombay High Court

THE STATE OF MAH.versus1. JALINDAR VINAYAK PANDHARKAR and ORS.

Disposal
DISMISSED

Holding

The court held that there is no reason to intervene with the reference court’s order, and dismissed the appeal.

Summary

The State of Maharashtra appealed a judgment dated 9 January 2007 of the Civil Judge, Senior Division, Shrigonda, which had enhanced compensation in a land acquisition proceeding of 1990. The appellants contended that the reference court’s enhancement of compensation did not exceed four times the amount awarded by the Land Acquisition Officer, and therefore should not be challenged. The State Government’s policy, as reflected in Government Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 3 November 2016 and its subsequent corrigenda, stipulated that challenges would not be entertained if the enhancement was limited to four times. The bench examined these submissions and the policy resolution and found no merit to interfere with the reference court’s order. Consequently, the appeal was dismissed and any pending civil applications were also disposed of.

Issues considered

  • Whether the enhancement of compensation up to four times the amount awarded by the Land Acquisition Officer can be challenged under the applicable land acquisition law.

Subjects

  • land acquisition
  • compensation enhancement
  • government resolution
  • reference court
  • appeal dismissed

Judgment

2026:BHC-AUG:46285



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   326 FIRST APPEAL NO. 244 OF 2012

                                      THE STATE OF MAHARASHTRA
                                                VERSUS
                             1. JALINDAR VINAYAK PANDHARKAR AND ORS.
                                                   ...
                                   AGP for Appellant : Mr. B.A. Shinde
                            Advocate for Respondents 1 & 2 : Mr. D.R. Jaybhar
                                                   …

                                   CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                   Dated         : September 30, 2026
            PER COURT :-

            1.     As the acquisition proceeding is of the year 1990, heard finally with
            the consent of the learned counsel for respective parites.
            2.       By this appeal, the Appellants assail the Judgment and award dated
            9.1.2007 passed by the learned Civil Judge, Senior Division, Shrigonda,
            District Ahmednagar in LAR No. 158/2003.
            3.       Both    the   learned   counsel   for   the   parties    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.
            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 Appeal, pending Civil Applications, if any, do
            not survive and are disposed of accordingly.



                                                         ( SIDDHESHWAR S. THOMBRE, J. )
            ssc/


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.