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Bombay High Court

EXECUTIVE ENGINEER, MIP DHULEversusVIJAY CHATUR PATIL DEAD THR LRS VINOD DILIP PATIL AND ANOTHER

Disposal
DISMISSED

Holding

The appeal is dismissed; the reference court’s enhanced compensation is not subject to challenge.

Summary

The Executive Engineer appealed a 2012 judgment that awarded compensation for Jirayat and Pot Kharab land acquired under a land acquisition proceeding. The State Land Acquisition Officer had fixed compensation at Rs 68,900 per hectare for Jirayat land and Rs 1,500 per hectare for Pot Kharab land, which the reference court later enhanced to Rs 1,50,000 and Rs 75,000 respectively. The appellant argued that the enhancement did not exceed four times the original award and, under a 2016‑2018 State Government resolution, such an increase should not be challenged. The High Court examined the policy decision and found no basis to interfere with the reference court’s order. Consequently, the appeal was dismissed, the claimants were allowed to withdraw any deposited amounts, and any pending civil applications were disposed of.

Issues considered

  • Whether the reference court’s enhancement of compensation, being within four times the Land Acquisition Officer’s award, can be challenged under the State Government’s policy resolution.

Subjects

  • land acquisition
  • compensation
  • reference court
  • government resolution
  • appeal
  • Jirayat land
  • Pot Kharab land

Judgment

2026:BHC-AUG:27153

                                                                                  FA 2690/17
                                                     1

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   53 FIRST APPEAL NO. 2690 OF 2017

                                 EXECUTIVE ENGINEER, MIP DHULE
                                               VERSUS
                VIJAY CHATUR PATIL DEAD THR LRS VINOD DILIP PATIL AND ANOTHER
                                                  ...
                       Advocate for Appellant : Mrs. Chaitali R. Kutti-Choudhary
                                                  ...

                                   CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                   Dated         : July 07, 2026

              PER COURT :-

              1.     Heard the learned counsel for the Appellants.

              2.     By this appeal, the Appellant assails the Judgment and award dated

              1.12.2012 passed by the learned Civil Judge Senior Division, Dhule in

              L.A.R. No.101/20023.

              3.      The learned counsel for the appellant submits that the SLAO has

              granted compensation at the rate of Rs.68,900/- per H. for Jirayat land and

              Rs.1500/- per H. for Pot Kharab land and the reference court has enhanced

              the same at the rate of Rs. 1,50,000/- per H. for Jirayat land and

              rs.75,000/-   for   Pot   Kharab   land.   He    therefore,   submits   that   the

              compensation enhanced by 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.
                                                                  FA 2690/17
                                      2

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

order. Hence, the present Appeal is dismissed.

6.      The Claimants are at liberty to withdraw the amount deposited by

the State/acquiring body before the learned Reference Court, if any.

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

do not survive and are disposed of accordingly.



                                          ( SIDDHESHWAR S. THOMBRE, J. )

ssc/


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