Bombay High Court

THE STATE OF MAHARASHTRA AND ANOTHERversusTRIVENIBAI SHIVAJI PATIL AND ANOTHER

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

All first appeals were dismissed as the compensation enhancement was within the four‑times limit and covered by the relevant Government resolution.

Summary

The State of Maharashtra and other authorities filed multiple first appeals challenging judgments and awards of a reference court in land acquisition matters involving Bhalchandra Bhimrao Patil and Trivenibai Shivaji Patil. The reference court had enhanced compensation up to four times the market value, which the appellants argued was excessive. The learned Additional Government Pleader conceded that the enhancement was within the four‑times limit and that the appeals fell under the Government resolutions dated 03‑11‑2016 and 23‑02‑2017, a point not contested by the respondents. The court found no merit in the appeals, noting that the enhancement complied with the applicable resolution. Consequently, all the first appeals were disposed of without any order as to costs, and the pending civil application was also dismissed.

Issues considered

The enhancement of compensation up to four times the market value is permissible under the applicable Government resolution.
Whether the first appeals filed by the acquiring body are maintainable in view of the resolution dated 03‑11‑2016 and 23‑02‑2017.

Subjects

land acquisition
compensation enhancement
government resolution
appeal disposal
reference court judgment

Judgment

                                                            46 47 FA 2610 25+.odt

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                   46 FIRST APPEAL NO. 2610 OF 2025
                                WITH
                     FIRST APPEAL NO. 2608 OF 2025
                                WITH
                     FIRST APPEAL NO. 2611 OF 2025
                                WITH
                     FIRST APPEAL NO. 2615 OF 2025
                                WITH
                     FIRST APPEAL NO. 2604 OF 2025
                                WITH
                     FIRST APPEAL NO. 2606 OF 2025
                                WITH
                     FIRST APPEAL NO. 2613 OF 2025
                                WITH
                     FIRST APPEAL NO. 2616 OF 2025
                                WITH
                     FIRST APPEAL NO. 2607 OF 2025
                                WITH
                     FIRST APPEAL NO. 2603 OF 2025
                                WITH
                    FIRST APPEAL NO. 2605 OF 2025
                                WITH
                    FIRST APPEAL NO. 2614 OF 2025

    THE STATE OF MAH THR. COLLECTOR OSMANABAD AND ORS
                                VERSUS
                   BHALCHANDRA BHIMRAO PATIL
                                    ...
              A.G.P. for Appellants : Mr. S.N. Morampalle
    Advocate for Respondent : Mr. Mrunal Andhare h/f Mr. A.B. Kale
                                    …
                                  AND
                  47 FIRST APPEAL NO. 3386 OF 2025
                                 WITH
      CIVIL APPLICATION NO. 9564/2013 IN FAAST/14867/2013

             THE STATE OF MAHARASHTRA AND ANOTHER
                                 VERSUS
               TRIVENIBAI SHIVAJI PATIL AND ANOTHER
                                     ...
               A.G.P. for Appellants : Mr. S.N. Morampalle
Advocate for Respondent nos. 1 and 2 : Mr. C.V. Borse h/f Mr. Vijay B. Patil
                                     ...

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                                                             46 47 FA 2610 25+.odt

                       CORAM                :   SHAILESH P. BRAHME, J.

                       DATE                 : 27.02.2026


PER COURT :

        First Appeal No. 2614/2025 is not on board. Taken on board, on
mentioning.

2.      These appeals are preferred by the Acquiring Body against the
judgment and award passed in respective reference applications by the
Reference Court.      It is fairly conceded by the learned A.G.P. that the
enhancement given by the Reference Court is within four times. The appeals
are covered by the Government resolution dated 03.11.2016 and
23.02.2017. This position has not been disputed by the respondents.

3.      In view of above, all first appeals are disposed of. There shall be no
order as to costs.

4.      Pending Civil Application is disposed of.



                                        ( SHAILESH P. BRAHME, J.)




mkd/-




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