Bombay High Court
THE STATE OF MAHARASHTRA AND ORSversusMIRAJI AKHATYA GAVIT
- Disposal
- DISMISSED
Holding
The High Court dismissed the appeals, holding that there was no ground to intervene where the compensation enhancement did not exceed four times the original award as per the State Government's policy.
Summary
The State of Maharashtra appealed against the judgment and award dated 29 September 2007 rendered by the Joint Civil Judge, Senior Division, Nandurbar in land acquisition proceedings (LAR Nos. 40/2005 and 29/2005). The appellants contended that the compensation enhanced by the reference court exceeded four times the amount originally awarded by the Land Acquisition Officer, which they argued should be challenged. The Court examined the State Government's policy decision embodied in Government Resolution No. Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 3 November 2016, as amended, which stipulated that the reference would not be contested if the enhancement was up to four times the original award. Finding no merit to intervene and noting the policy direction, the Court dismissed the appeals. Consequently, any pending civil applications related to the matter were also disposed of.
Issues considered
- Whether the reference court's enhancement of compensation beyond four times the Land Acquisition Officer's award can be challenged by the State.
- Whether the High Court should interfere with the reference court's award in light of the State Government's resolution.
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal dismissed
Judgment
2026:BHC-AUG:46271
FA 2938/2009 & Anr.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
303 FIRST APPEAL NO. 2938 OF 2009
THE STATE OF MAHARASHTRA AND ORS
VERSUS
RINABAI ROTU GAVIT AND ORS
...
AGP for appellants/State : Mr. S.N. Morampalle
...
305 FIRST APPEAL NO. 2946 OF 2009
THE STATE OF MAHARASHTRA AND ORS
VERSUS
MIRAJI AKHATYA GAVIT
....
AGP for appellants/State : Mr. A.M. Phule
...
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 these appeals, the Appellants/State assail the Judgment and
award dated 29.9.2007 passed by the learned Jt. Civil Judge, Senior
Division, Nandurbar in LAR No. 40/2005 and 29/2005.
3. The respective learned AGP for the appellants 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
FA 2938/2009 & Anr.
2
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 Appeals are dismissed.
6. In view of dismissal of Appeals, pending Civil Applications, if any, do
not survive and are disposed of accordingly.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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