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/
Checking your session…