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Bombay High Court

THE STATE OF MAH AND ORSversusUTTAM SARJERAO DOKE AND ORS

Disposal
DISMISSED

Holding

The Court held that there was no reason to intervene as the compensation enhancement did not exceed the four‑times limit prescribed by the Government Resolution.

Summary

The State of Maharashtra appealed against a 2007 judgment of the Additional District Judge‑I, Beed, which awarded compensation in several land acquisition cases (LAR Nos. 173/2005 to 191/2005). The State contended that the Reference Court had enhanced the compensation but not beyond four times the amount fixed by the Land Acquisition Officer. The State relied on a Government Resolution (Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 03‑11‑2016, with corrigenda) which stipulated that the reference should not be challenged if the enhancement is up to four times. The High Court examined whether there was any ground to intervene in the reference court’s award. Finding none, the Court dismissed the appeals and ordered that any pending civil applications related to the matters be disposed of.

Issues considered

  • Whether the Reference Court’s enhancement of compensation beyond the Land Acquisition Officer’s award, limited to four times, warrants judicial intervention.
  • Whether the Government Resolution precluding challenges to enhancements up to four times is applicable to the present appeals.

Subjects

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

Judgment

2026:BHC-AUG:46241

                                                                      FA 2582/13 & Ors.
                                                  1

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                924 FIRST APPEAL NO. 2582 OF 2013

                                    THE STATE OF MAH AND ORS
                                               VERSUS
                                       MARUTI MAHADA DOKE
                                                  ...
                            AGP for Appellants/State : Mr. S.N. Morampalle
                                                  ...
                                                WITH
                                  FIRST APPEAL NO. 2583 OF 2013
                                                WITH
                                  FIRST APPEAL NO. 2584 OF 2013
                                                WITH
                                  FIRST APPEAL NO. 2585 OF 2013
                                                WITH
                                  FIRST APPEAL NO. 2586 OF 2013
                                                WITH
                                  FIRST APPEAL NO. 2587 OF 2013
                                                  …

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

            PER COURT :-

            1.    Heard the learned AGP for State/appellants.

            2.       By these appeal, the appellants/State assails the Judgment and

            award dated 10.4.2007 passed by the learned Additional District Judge-I,

            Beed in LAR Nos. No.176/2005, 174/2005, 175/2005, 173/2005, 191/2005

            and 179/2005.

            3.       The learned AGP submits 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
                                                            FA 2582/13 & Ors.
                                       2

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 Appeals are 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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