Bombay High Court
G M I D C AURANGABADversusTHE STATE OF MAH AND ORS
- Disposal
- DISMISSED
Holding
The appeals were dismissed as the compensation enhancement did not exceed the four‑times limit and the State Government's policy barred any challenge.
Summary
The Godawari Marathwada Irrigation Development Corporation and its subsidiaries appealed the judgment and awards dated 29 April 2008 issued by the Ad‑hoc District Judge‑1, Latur, in several land‑acquisition reference cases (L.A.R. Nos. 746/2002‑749/2002). The appellants contended that the compensation enhancement ordered by the Reference Court exceeded the permissible limit of four times the amount fixed by the Land Acquisition Officer. The State of Maharashtra relied on a policy decision embodied in Government Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 (dated 3 November 2016, with subsequent corrigenda) which stipulated that the State would not challenge a reference where the enhancement is limited to four times the original award. Justice Thombre examined the submissions and found that the enhanced compensation did not surpass the four‑times ceiling, and therefore the policy resolution barred any further challenge. Consequently, the court saw no ground to interfere with the reference court’s orders and dismissed the appeals. All pending civil applications related to the appeals 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
- Whether the State Government's policy resolution precludes judicial intervention in reference court orders that stay within the four‑times enhancement limit
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal dismissal
- policy decision
Judgment
2026:BHC-AUG:40596
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…