Bombay High Court

THE EXECUTIVE ENGINEER LATUR MEDIUM PROJECT DIVISION LATURversusTHE STATE OF MAH AND ANR

Disposal: DISMISSED

Holding

The appeal is dismissed as there is no ground to intervene with the reference court's enhancement of compensation up to four times.

Summary

The Executive Engineer, Latur Medium Project Division appealed against a judgment and award dated 20 June 2008 passed by the Joint Civil Judge, Senior Division, Nilanga in LAR No. 165/1998 concerning a land acquisition proceeding from 1985. The appellant contended that the compensation enhanced by the reference court should not exceed four times the amount awarded by the Land Acquisition Officer, relying on a State Government resolution (No. Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 3 November 2016, with corrigenda). The court examined the policy decision that the government would not challenge the reference if the enhancement was up to four times. Finding no reason to intervene, the judge dismissed the appeal. Consequently, any pending civil applications related to the matter were also disposed of.

Issues considered

Whether the compensation enhanced by the reference court exceeds the four‑times limit prescribed by the State Government resolution.

Subjects

land acquisition
compensation enhancement
government resolution
appeal dismissal
reference court

Judgment

2026:BHC-AUG:46305

                                                                             FA 2647/10
                                                  1

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                915 FIRST APPEAL NO. 2647 OF 2010

                 THE EXECUTIVE ENGINEER LATUR MEDIUM PROJECT DIVISION LATUR
                                             VERSUS
                                  THE STATE OF MAH AND ANR
                                                ...
                              Advocate for Appellant : Mr. S.S. Dande
                                                ...

                                 CORAM        : SIDDHESHWAR S. THOMBRE, J.
                                 Dated        : September 30, 2026

            PER COURT :-

            1.     Nobody appears for acquiring body/appellant. On the last occasion

            also nobody appeared for acquiring body. Hence, this court requested Mr.

            S.S. Dande, learned advocate to appear for acquiring body and work out the

            matter as he was on the panel of acquiring body earlier. Mr. S.S. Dande,

            learned advocate accepts the request of this Court graciously and workout

            the matter.

            2.     As the acquisition proceeding is of the year 1985, heard finally with

            the consent of Mr. S.S. Dande, learned counsel for acquiring body.

            3.       By this appeal, the Appellants assail the Judgment and award dated

            20.6.2008 passed by the learned Jt. Civil Judge, Senior Division, Nilanga,

            District Latur in LAR No. 165/1998.

            4.       Mr. S.S. Dande, learned counsel submits that the compensation

            enhanced by the learned Reference Court does not exceed four times the

            amount awarded by the Land Acquisition Officer.

            5.       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 2647/10
                                      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.

6.      Therefore, I do not find any reason to intervene with the impugned

order. Hence, the present Appeal is dismissed.

7.     In view of dismissal of Appeal, pending Civil Applications, if any, do

not survive and are disposed of accordingly.



                                          ( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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