Bombay High Court
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION AURANGABADversusTHE STATE OF MAH AND ORS
- Disposal
- DISMISSED
Holding
The court held that the compensation enhancement did not exceed the four‑times limit and therefore dismissed the appeals.
Summary
The Godawari Marathwada Irrigation Development Corporation (GMIDC) appealed against judgments and compensation awards dated 29 April 2008 issued by an ad‑hoc District Judge in Latur concerning land acquisition cases (L.A.R. Nos. 746/2002‑749/2002). The appellants contended that the compensation enhancement ordered by the Reference Court exceeded the limit of four times the amount fixed by the Land Acquisition Officer. The State of Maharashtra relied on a Government Resolution (No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 3 November 2016, with subsequent corrigenda) which stipulated that references would not be challenged if the enhancement was up to four times. The bench examined the policy decision and found that the enhanced compensation did not surpass the four‑fold ceiling. Consequently, the court saw no ground to interfere with the lower court's orders. The appeals were dismissed, and any pending civil applications were also disposed of.
Issues considered
- Whether the compensation enhancement ordered by the Reference Court exceeds the four‑times limit prescribed by the State Government's policy resolution.
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal dismissed
- policy decision
Judgment
2026:BHC-AUG:40595
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/
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