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Bombay High Court

GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION AURANGABADversusTHE STATE OF MAH AND ORS

Disposal
DISMISSED

Holding

The Court held that the compensation enhancement up to four times the original award cannot be challenged, and therefore dismissed the appeals.

Summary

The appellants, Godawari Marathwada Irrigation Development Corporation (Aurangabad and Latur), appealed the judgment and awards dated 29 April 2008 passed by the Ad‑hoc District Judge‑1, Latur, challenging the compensation awarded in land acquisition proceedings. They contended that the compensation enhanced by the Reference Court did not exceed four times the amount awarded by the Land Acquisition Officer, which, according to a State Government resolution, should not be challenged. The Court examined the policy decision embodied in Government Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 3 November 2016, with subsequent corrigenda, which expressly limited challenges to enhancements beyond four times the original award. Finding no merit in the appellants' claim and noting the clear policy, the Court saw no reason to interfere with the Reference Court's orders. Consequently, the appeals were dismissed, and any pending civil applications were ordered to be disposed of. The decision upheld the State's resolution and affirmed the compensation enhancement as permissible.

Issues considered

  • Whether the compensation enhanced by the Reference Court, being up to four times the amount awarded by the Land Acquisition Officer, can be challenged under the State Government's policy resolution.

Subjects

  • land acquisition
  • compensation
  • reference court
  • government resolution
  • appeal dismissed
  • policy decision

Judgment

2026:BHC-AUG:40593

                                                                           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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