Bombay High Court

STATE OF MAHversusMRS GANGUBAI SHANKAR PATIL

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

In view of the State Government's policy resolution, the High Court held that appeals where the compensation awarded by the Reference Court is within four times the amount awarded by the Special Land Acquisition Officer must be disposed of without further adjudication.

Summary

The Special Land Acquisition Officer appealed against judgments and awards dated 12 October 2004 rendered by the Land Reference Court, District Jalgaon, in two separate land acquisition cases. The State Government had issued a policy resolution on 3 November 2016, amended on 23 February 2017, stating that it would not file or contest any appeal where the compensation awarded by the Reference Court is within four times the amount awarded by the Special Land Acquisition Officer. The learned Additional Government Pleader for the State submitted that the compensation in the present appeals fell within this four‑times limit. The High Court, after considering the State’s policy and the submissions, held that the appeals should be disposed of on that basis. Consequently, the Court disposed of both first appeals without further examination of the merits.

Issues considered

Whether the State Government's policy resolution precludes filing or contesting an appeal when the compensation awarded by the Reference Court is within four times the amount awarded by the Special Land Acquisition Officer
Whether the High Court may dispose of appeals solely on the ground of the State's policy without assessing the substantive merits

Subjects

land acquisition
compensation
appeal disposal
government policy
high court jurisdiction

Judgment

2026:BHC-AUG:10304

1 18-FA.441.2005 ANR.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
18 FIRST APPEAL NO. 441 OF 2005

THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER
VERSUS
VASANT NIVRUTTI CHAUDHARI

AND
FIRST APPEAL NO. 430 OF 2005

THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER
VERSUS
GANGUBAI SHANKAR PATIL AND ANOTHER

...
AGP for Appellant / State : Mr. S. G. Joshi.
Advocate for Respondent : Mr. Krishna G. Narwade, h/f Mr. A. B. Kale.
...

CORAM : SANJAY A. DESHMUKH, J.
DATE : 09th March, 2026.

P.C.:

1 These appeals are preferred against the judgment and

award dated 12th October, 2004 passed by the learned Land

Reference Court, District Jalgaon in LAR Nos.197 and 213 of 2001.

2 The learned AGP for the State submits that in view of the

policy decision of the State Government as per the Government

Resolution dated 03.11.2016 and the corrigendum dated 23.02.2017

issued thereto, the State Government has resolved not to file or

contest any appeal where the amount of compensation awarded by

the Reference Court is within four times of the amount awarded by the
2 18-FA.441.2005 ANR.odt

SLAO. He submits that the present first appeal deserves to be

disposed of in view of the aforesaid policy decision of the State

Government, as the amount of compensation awarded by the

Reference Court is within four times of the amount awarded by the

SLAO.

3 Considering the submissions of the learned AGP as well as

the policy decision of the State Government, the appeals deserve to be

disposed of. The first appeals are disposed of accordingly.

[ SANJAY A. DESHMUKH, J. ]
nga

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