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/
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