Bombay High Court
EXECUTIVE ENGINEER, LIFT IRRIGATION PORJECT DIVISION, OSMANABADversusMOHAN VASANT JADHAV AND OTHERS
- Disposal
- DISMISSED
Holding
The appeal is dismissed as the compensation enhancement up to four times the original award does not warrant judicial intervention under the State Government's policy.
Summary
The Executive Engineer, Lift Irrigation Project Division, Osmanabad appealed against a judgment and award dated 13 April 2010 in L.A.R. No.175 of 2007, which had enhanced compensation for land acquisition. The appellant argued that the reference court's enhancement did not exceed four times the amount awarded by the Land Acquisition Officer, and that a State Government resolution (Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4) stipulated that such enhancements should not be challenged. The court examined the policy decision embodied in the government resolution and its corrigenda dated 23 February 2017 and 13 August 2018. Finding no merit to intervene, the judge dismissed the appeal. Consequently, the appeal was dismissed, pending civil applications were disposed of, and the claimant was allowed to withdraw any amount deposited before the reference court.
Issues considered
- Whether the compensation enhanced by the reference court, being up to four times the amount awarded by the Land Acquisition Officer, can be challenged under the State Government's policy resolution.
Subjects
- land acquisition
- compensation
- government resolution
- reference court
- appeal dismissed
- civil applications
Judgment
2026:BHC-AUG:44555
30-FA-4352-2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
30 FIRST APPEAL NO. 4352 OF 2017
Executive Engineer, Lift Irrigation Porject Division, Osmanabad
VERSUS
Mohan Vasant Jadhav And Others
……
Ms. Sunita D. Shelke, Appellant, Advocate for Appellant
Ms. A.B. Kale, Advocate for Respondent No.1
……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 28 SEPTEMBER, 2026
PER COURT :
1. Heard the learned counsel for the Appellant/Acquiring Body.
2. By this appeal, the Appellant assail the Judgment and award dated
13.04.2010 passed by the learned Jt.Civil Judge Senior Division, Ahmedpur
in L.A.R. No.175 of 2007.
3. Learned counsel for the appellant as well as learned counsel for the
claimants submit that the compensation enhanced by the learned Reference
Court does not exceed four times the amount awarded by the Land
Acquisition Officer.
4. In view of the aforesaid submissions and having regard to the policy
decision of the State Government contained in Government Resolution No.
Sankirna-2014/Prak.Kra.4/Bham-1 /A-4 dated 03.11.201 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.
30-FA-4352-2017.odt
2
5. Therefore, I do not find any reason to intervene with the impugned
order. Hence, the present Appeal is dismissed.
6. The Claimant is at liberty to withdraw the amount deposited by the
acquiring body before the learned Reference Court, if any.
7. In view of dismissal of the Appeal, pending Civil Applications, if any,
do not survive and are disposed of accordingly.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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