Bombay High Court

THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H.-2, JALGAON AND ANOTHERversusHIRALAL MAHASING SONAWANE

Disposal: DISMISSED

Holding

The appeal is dismissed; the Court will not intervene where the compensation is enhanced only up to four times the Land Acquisition Officer's award.

Summary

The Special Land Acquisition Officer and another appealed against a 2012 judgment that enhanced compensation in a land acquisition proceeding dating back to 2000. The State Government, through its Attorney General, argued that the enhanced compensation did not exceed four times the amount originally awarded by the Land Acquisition Officer, and cited a policy resolution stating that such enhancements up to four times would not be challenged. The Court examined whether it should intervene in the reference court's award given the State's policy. Finding no basis to overturn the award, the Court dismissed the appeal and ordered that any pending civil applications be disposed of. Consequently, the compensation enhancement stands and the appeal is rejected.

Issues considered

Whether the compensation enhanced by the reference court, being up to four times the Land Acquisition Officer's award, can be challenged by the State.
Whether the State Government's policy resolution precludes judicial intervention in such compensation enhancements.

Subjects

land acquisition
compensation
reference court
government resolution
appeal dismissed

Judgment

2026:BHC-AUG:46290



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                344 FIRST APPEAL NO. 2715 OF 2017

                 THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H.-2, JALGAON AND
                                           ANOTHER
                                            VERSUS
                                 HIRALAL MAHASING SONAWANE
                                               ...
                               AGP for Appellants : Mr. B.A. Shinde
                                               ...

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

            1.     As the acquisition proceeding is of the year 2000, heard finally with
            the consent of the learned AGP for State.
            2.       By this appeal, the Appellants assail the Judgment and award dated
            14.2.2012 passed by the learned Civil Judge, Senior Division, Amalner,
            District Jalgaon in LAR No. 22/2005.
            3.       The learned AGP for the State submits 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
            order. Hence, the present Appeal is dismissed.
            6.     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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