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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