Bombay High Court
THE EXECUTIVE ENGINEER LOWER TERNA CANAL DIVN NO. 2 LATURversusJANARDHAN TUKARAM GADIME U/G OF NAT.FATHER TUKARAM GOVINDA GADIME AND ANR
- Disposal
- DISMISSED
Holding
The High Court held that there was no reason to intervene, and the compensation award stands as is.
Summary
The Executive Engineer Lower Terna Canal Division No.2 Latur appealed against a 2008 judgment and award of compensation rendered by a Reference Court in several land acquisition cases (L.A.R. Nos. 718, 722, 721, 720 of 1998). The appellant argued that the compensation awarded was excessive, exceeding the amount previously granted by the State Land Acquisition Officer (SLAO). The State Government, through a resolution dated 3 November 2016 (with subsequent corrigenda), indicated it would not contest the award provided the compensation did not exceed four times the SLAO amount. The High Court examined whether there was any ground to intervene in the award and found none, noting the government’s stance. Consequently, the Court dismissed the appeals and ordered that any pending civil applications related to the matter be disposed of.
Issues considered
- Whether the compensation awarded by the Reference Court, being within four times the SLAO award, should be enhanced further.
- Whether the High Court has jurisdiction to intervene in the Reference Court's award in light of the State Government's resolution.
Subjects
- compensation
- land acquisition
- reference court award
- government resolution
- appeal dismissed
Judgment
2026:BHC-AUG:45849
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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