Bombay High Court
THE STATE OF MAHARASHTRA AND ANOTHERversusANANDA RAMJI TATHE
- Disposal
- DISMISSED
Holding
The appeal is dismissed as there is no reason to intervene in the Reference Court’s enhancement of compensation within the four‑times limit.
Summary
The State of Maharashtra appealed against the judgment and award dated 11 February 2011 passed by the VIth Joint Civil Judge, Senior Division, Aurangabad in three land acquisition cases (L.A.R. Nos. 92/1998, 94/1998 and 91/1998). The appellants contended that the compensation enhanced by the Reference Court should not exceed four times the amount awarded by the Land Acquisition Officer. The Court examined the State Government’s policy, as embodied in Government Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 3 November 2016 and its subsequent corrigenda, which stipulated that the State would not challenge a reference where the enhancement is only up to four times. Finding no merit in the challenge and noting the policy, the Court dismissed the appeals. Consequently, any pending civil applications related to the matters were also disposed of.
Issues considered
- Whether the compensation enhanced by the Reference Court exceeding four times the amount awarded by the Land Acquisition Officer is permissible.
- Whether the State Government's policy not to challenge references with enhancement up to four times binds the court in deciding the appeal.
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal
- civil procedure
Judgment
2026:BHC-AUG:46247
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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