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Bombay High Court

THE STATE OF MAH AND ORSversusKALAVATI SHIVAJI DOKE

Disposal
DISMISSED

Holding

The Court held that there was no reason to intervene with the Reference Court's order 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 had enhanced compensation in several land acquisition cases. The State argued that the enhancement did not exceed four times the amount awarded by the Land Acquisition Officer, and that a Government Resolution of 2016 (with later corrigenda) stipulated that such enhancements up to four times should not be challenged. The High Court examined the policy decision embodied in the resolution and found no merit in interfering with the Reference Court's order. Consequently, the Court dismissed the appeals. As a result, any pending civil applications related to the appeals were also disposed of.

Issues considered

  • Whether the compensation enhancement up to four times the Land Acquisition Officer's award can be challenged under the Government Resolution dated 03‑11‑2016 and its corrigenda.

Subjects

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

Judgment

2026:BHC-AUG:46243

                                                                      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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