Bombay High Court
THE EXECUTIVE ENGINEER LOWER TERNA CANAL DIVN NO. 2 LATURversusVENKAT HANMANT TEKALE AND ANR
- Disposal
- DISMISSED
Holding
The court held that the compensation award was within the four‑times limit and therefore dismissed the appeals.
Summary
The Executive Engineer Lower Terna Canal Division No.2, Latur appealed against a judgment and award dated 03 July 2008 rendered by the Reference Court in L.A.R. Nos.718, 722, 721 and 720 of 1998. The appellants contended that the compensation awarded was excessive, arguing that it exceeded the four‑times limit over the compensation fixed by the State Land Acquisition Officer (SLAO). The State Government, through a resolution dated 3 November 2016 (with subsequent corrigenda), stated it would not challenge the award provided the compensation was enhanced only up to four times. The bench examined the award and found it fell within the four‑times ceiling, rendering the government’s resolution applicable. Consequently, the court dismissed the appeals and ordered that any pending civil applications related to the matter be disposed of. The decision upheld the reference court’s award and affirmed the limited scope for judicial intervention under the government’s policy.
Issues considered
- Whether the compensation awarded by the Reference Court exceeds the permissible limit of four times the compensation fixed by the SLAO.
- Whether the State Government's resolution precludes judicial intervention when the award is within the four‑times limit.
Subjects
- compensation
- land acquisition
- reference court award
- appellate jurisdiction
- government resolution
- civil applications
Judgment
2026:BHC-AUG:45850
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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