Bombay High Court
STATE OF MAH THR COLLECTOR LATURversusPANDURANG GUNDA SALVE
- Disposal
- DISMISSED
Holding
The appeal is dismissed because the compensation enhancement does not exceed the four‑times limit prescribed by the State Government resolution.
Summary
The State of Maharashtra appealed a 1994 judgment of the Joint Civil Judge, Senior Division, Latur, which had enhanced compensation awarded to a landowner under a land acquisition proceeding. The State argued that the enhancement should not exceed four times the amount initially awarded by the Land Acquisition Officer, citing a State Government resolution and its subsequent amendments. The court examined the policy decision embodied in Government Resolution No. Sankirna-2014/Prak.Kra.4/Bham-1/A-4 and its corrigenda, which limited challenges to reference court awards to cases where compensation exceeds four times the original amount. Finding no merit in the State’s contention, the judge held that the reference court’s enhancement was within the permissible limit. Consequently, the appeal was dismissed, the claimant was allowed to withdraw any deposited amount, and any pending civil applications were disposed of.
Issues considered
- Whether the State can challenge a reference court's enhancement of compensation beyond four times the amount awarded by the Land Acquisition Officer
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal
- civil procedure
Judgment
2026:BHC-AUG:46267
227-FA-3199-09.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
227 FIRST APPEAL NO. 3199 OF 2009
State Of Mah Thr Collector Latur
VERSUS
Pandurang Gunda Salve
……
Mr. A.M. Phule, AGP for Appellant-State
……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 28 SEPTEMBER, 2026
PER COURT :
1. Heard the learned counsel for the Appellant/State.
2. By this appeal, the Appellant assail the Judgment and award dated
30.09.1994 passed by the learned Jt. Civil Judge Senior Division, Latur in
L.A.R. No.768 of 1990.
3. Learned AGP for the appellant 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
Resolution, took a decision not to challenge the reference, if compensation is
enhanced only upto four times.
227-FA-3199-09.odt
2
5. Therefore, I do not find any reason to intervene with the impugned
order. Hence, the present Appeal is dismissed.
6. The Claimant is 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 ]
JUDGE
S P Rane
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