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Bombay High Court

THE STATE OF MAHARASHTRA AND ANOTHERversusTRIMBAK GANPAT TATHE

Disposal
DISMISSED

Holding

The appeal is dismissed because the compensation enhancement does not exceed the four‑times limit prescribed by the State’s Government Resolution.

Summary

The State of Maharashtra appealed against the award of compensation in three land acquisition cases (L.A.R. Nos. 92/1998, 94/1998 and 91/1998) where the reference court had enhanced the amount payable to the claimants. The claimants, represented by Mr. D.A. Bide and Mr. C.K. Sonawane, argued that the enhancement did not exceed four times the amount originally awarded by the Land Acquisition Officer. The State contended that, under its Government Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 03‑11‑2016 (as amended), it would not challenge any enhancement that is limited to four times the original award. The bench examined the policy decision and found that the reference court’s enhancement fell within the four‑times ceiling, rendering the State’s ground for challenge untenable. Consequently, the court dismissed the appeals and ordered that any pending civil applications related to the matters be disposed of. The decision upholds the reference court’s compensation award in accordance with the State’s own resolution.

Issues considered

  • Whether the State of Maharashtra can challenge a compensation enhancement that does not exceed four times the amount awarded by the Land Acquisition Officer.
  • Whether the Government Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 bars the State from contesting such enhancements.

Subjects

  • Land Acquisition
  • Compensation
  • Reference Court
  • Government Resolution
  • Appeal Dismissed
  • Policy Decision

Judgment

2026:BHC-AUG:46252

                                                                      FA 246/15 & Ors.
                                                 1

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                929 FIRST APPEAL NO. 246 OF 2015

                          THE STATE OF MAHARASHTRA AND ANOTHER
                                            VERSUS
                                     ANANDA RAMJI TATHE
                                               ...
                            AGP for Appellants/State : Mr. B.A. Shinde
             Advocate for Respondent/claimant : Mr. D.A. Bide h/f. Mr. C.K. Sonawane
                                                …

                                328 FIRST APPEAL NO. 209 OF 2015

                          THE STATE OF MAHARASHTRA AND ANOTHER
                                            VERSUS
                             KADUBA KHANDU TATHE AND ANOTHER
                                               ...
                            AGP for Appellants/State : Mr. S.S. Dande
             Advocate for Respondent/claimant : Mr. D.A. Bide h/f. Mr. C.K. Sonawane
                                               …

                                330 FIRST APPEAL NO. 245 OF 2015

                          THE STATE OF MAHARASHTRA AND ANOTHER
                                            VERSUS
                                    TRIMBAK GANPAT TATHE
                                               ...
                            AGP for Appellants/State : Mr. D.R. Korde
             Advocate for Respondent/claimant : Mr. D.A. Bide h/f. Mr. C.K. Sonawane
                                               …

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

            PER COURT :-

            1.    Heard the respective learned AGP for appellants and Mr. D.A. Bide h/f.

            Mr. C.K. Sonawane for original claimants.

            2.       By these appeals, the Appellants assail the Judgment and award

            dated 11.2.2011 passed by the learned VIth Jt. Civil Judge, Senior Division,

            Aurangabad in L.A.R. Nos. 92/1998, 94/1998 and 91/1998.

            3.       Both the learned advocate submit that the compensation enhanced
                                                              FA 246/15 & Ors.
                                       2

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 the Appeals, pending Civil Applications, if any,

do not survive and are disposed of accordingly.



                                           ( SIDDHESHWAR S. THOMBRE, J. )

ssc/


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