Bombay High Court
G M I D C LATURversusTHE STATE OF MAH AND ORS
- Disposal
- DISMISSED
Holding
The court held that there was no ground to interfere with the reference court’s award as the compensation was enhanced only up to four times, in line with the State Government’s policy, and dismissed the appeals.
Summary
The appellants, Godawari Marathwada Irrigation Development Corporation and its subsidiaries, appealed against the judgment and awards dated 29 April 2008 passed by the Ad‑hoc District Judge‑1, Latur, concerning land acquisition compensation. They contended that the compensation enhancement by the Reference Court did not exceed four times the amount awarded by the Land Acquisition Officer. The State Government’s policy resolution (Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4) stipulated that it would not challenge any reference where compensation was enhanced only up to four times. The High Court examined these submissions and found no reason to intervene in the reference court’s orders. Consequently, the appeals were dismissed, and any pending civil applications were also disposed of.
Issues considered
- Whether the enhancement of compensation up to four times the Land Acquisition Officer's award can be challenged in court
- Whether the State Government's policy resolution bars judicial interference with such compensation enhancements
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal dismissed
- policy decision
Judgment
2026:BHC-AUG:40594
FA 263/10 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
18 FIRST APPEAL NO. 263 OF 2010
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
AURANGABAD
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
WITH
FIRST APPEAL NO. 261 OF 2010
G M I D C LATUR
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
FIRST APPEAL NO. 262 OF 2010
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
AURANGABAD
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
FIRST APPEAL NO. 264 OF 2010
G M I D C AURANGABAD
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
Advocate for Appellants : Mr. B.R. Survase
AGP for Respondent/State : Mr. D.R. Korde
Advocate for respondent 2 in respective matters : Mr. S.S. Manale
Advocate for Respondent 3 in respective matters : Mr. V.D. Gunale
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 31, 2026
PER COURT :-
1. Heard the learned counsel for the respective parties.
2. By these appeals, the appellant/acquiring body assails the judgment
and awards dated 29.4.2008 passed by the learned Ad-hoc District Judge-1,
Latur in L.A.R. No. 746/2002, 747/2002, 748/2002, 749/2002.
FA 263/10 & Ors.
2
3. Both the learned advocate submit 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
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
orders. 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/
Checking your session…