Bombay High Court
THE EXECUTIVE ENGINEER LOWER TERNA CANAL DIVN NO. 2 LATURversusPANDURANG VENKOBA TEKALE AND ANR
- Disposal
- DISMISSED
Holding
The appeals are dismissed as the compensation awarded is within the four‑times limit and there is no ground for the High Court to intervene.
Summary
The Executive Engineer Lower Terna Canal Division No. 2, Latur 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, contending that the compensation awarded was excessive. The appellant argued that the compensation was more than four times the amount fixed by the State Land Acquisition Officer (SLAO). The State Government, through a series of resolutions (including a corrigendum), had decided not to challenge the reference court’s 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 concluded that the compensation was within the permissible four‑fold limit. 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 exceeds the four‑times limit prescribed by the State Government’s resolution.
- Whether the High Court should intervene and set aside the Reference Court’s award on the ground of excess compensation.
Subjects
- Compensation
- Land Acquisition
- Reference Court
- Government Resolution
- Appeal Dismissal
Judgment
2026:BHC-AUG:45848
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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