Bombay High Court
THE EXECUTIVE ENGINEER LOWER TERNA CANAL DIVN NO. 2 LATURversusSUBHASH DNYANOBA PATIL AND ANR
- Disposal
- DISMISSED
Holding
The appeals are dismissed and the Reference Court's compensation award stands.
Summary
The Executive Engineer of Lower Terna Canal appealed against a judgment and award dated 03 July 2008 passed by the Reference Court in L.A.R. Nos. 718, 722, 721 and 720 of 1998, which granted compensation to several landowners. The appellants argued that the compensation awarded was excessive, exceeding four times the amount determined by the State Land Acquisition Officer (SLAO). The State Government, through a series of resolutions (dated 03 November 2016, with corrigenda on 23 February 2017 and 13 August 2018), had decided not to challenge the reference court’s award provided the compensation did not exceed four times the SLAO award. The Court examined whether it could intervene in the award given the Government’s position and found no basis to do so. Consequently, the Court dismissed the appeals, holding that the award stands, and ordered the disposal of any pending civil applications related to the matter.
Issues considered
- Whether the compensation awarded by the Reference Court, which exceeds four times the SLAO award, can be challenged by the State Government.
- Whether the Court should intervene in the Reference Court's award despite the Government's resolution limiting challenges to compensation up to four times the SLAO amount.
Subjects
- compensation
- land acquisition
- reference court
- government resolution
- appeal dismissed
Judgment
2026:BHC-AUG:45852
903-FA-424-2011.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
903 FIRST APPEAL NO. 424 OF 2011
The Executive Engineer Lower Terna Canal Divn No. 2 Latur
VERSUS
Pandurang Venkoba Tekale And Anr
WITH
FIRST APPEAL NO. 423 OF 2011
The Executive Engineer Lower Terna Canal Divn No. 2 Latur
VERSUS
Janardhan Tukaram Gadime U/g Of Nat.father Tukaram Govinda Gadime
And Anr
WITH
FIRST APPEAL NO. 404 OF 2011
The Executive Engineer Lower Terna Canal Divn No. 2 Latur
VERSUS
Venkat Hanmant Tekale And Anr
WITH
FIRST APPEAL NO. 403 OF 2011
The Executive Engineer Lower Terna Canal Divn No. 2 Latur
VERSUS
Ramling Bhimrao Patil And Anr
WITH
FIRST APPEAL NO. 402 OF 2011
The Executive Engineer Lower Terna Canal Divn No. 2 Latur
VERSUS
Subhash Dnyanoba Patil And Anr
...
Mr. Bhagwat A. Shinde for the Appellant.
Mr. D. R. Korde, AGP for State.
Mr. B. K. Pawar for Respondent No.1.
...
Shubham Page 1 of 2
903-FA-424-2011.doc
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 24 SEPTEMBER 2026
P. C.:
1. Heard the learned counsel for the Appellants.
2. By these Appeals, the Appellant assails the judgment and award dated
03.07.2008 passed by the Reference Court in L.A.R. Nos.718, 722, 721 and
720 of 1998.
3. Learned counsel submit that the compensation granted by the learned
Reference Court is within four times the compensation granted by the SLAO.
4. In fact the State Government vide 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
award. Hence, the present Appeals are dismissed.
6. In view of dismissal of the Appeals, pending Civil Applications, if any,
do not survive and are disposed of accordingly.
[SIDDHESHWAR S. THOMBRE, J.]
Shubham Page 2 of 2
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