Bombay High Court
THE STATE OF MAHARASHTRA (THROUGH THE SPECIAL LAND ACQUISITION OFFICER) AND ANR.versusSHRI. SHIVRAM SOMA MAHALE
- Decided
- Disposal
- Disposed Off
Holding
The appeal must be withdrawn because the enhanced compensation is within four times the original award, as mandated by the Government Resolutions.
Summary
The State of Maharashtra filed a first appeal challenging the compensation awarded by the Special Land Acquisition Officer, which had been enhanced by the Reference Court. The State relied on three Government Resolutions (dated 3 Nov 2016, 11 May 2018, and 13 Aug 2018) that prescribe withdrawal of any appeal where the enhanced compensation does not exceed four times the original award. The court examined the record and found that the enhanced amount was indeed within the four‑times limit, thereby falling within the scope of the policy. Accordingly, the court permitted the withdrawal of the appeal and ordered its disposal as withdrawn, directing a refund of any court fee paid. The order also disposed of any pending interlocutory applications and was expressly stated not to be a precedent.
Issues considered
- Whether the first appeal filed by the State of Maharashtra must be withdrawn under the Government Resolutions when the enhanced compensation does not exceed four times the amount awarded by the Special Land Acquisition Officer.
Subjects
- Land Acquisition
- Compensation
- Government Resolution
- Appeal Withdrawal
- Special Land Acquisition Officer
- Reference Court
Judgment
42-ra-438-2018.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 438 OF 2018
The State of Maharashtra & Anr. … Appellants
V/s.
SHABNOOR Shivram Soma Mahale … Respondents
AYUB
PATHAN
Digitally signed by
SHABNOOR AYUB
PATHAN
Date: 2026.08.18 Mr. A.R. Patil, Additional G.P. for the appellants/
18:09:22 +0530
applicants.
CORAM : AMIT BORKAR, J.
DATED : AUGUST 18, 2026
P.C.:
1. Learned Additional Government Pleader appearing for the
State has placed reliance upon the Government Resolutions dated
3 November 2016, 11 May 2018 and 13 August 2018. Under the
said Government Resolutions, the State Government has taken a
policy decision that where the compensation enhanced by the
Reference Court does not exceed four times the amount awarded
by the Special Land Acquisition Officer, the first appeal filed by the
State is liable to be withdrawn. The learned Additional
Government Pleader submits that the present appeal falls within
the scope of the said policy decision.
2. Upon perusal of the record and, in particular, the amount of
compensation awarded by the Special Land Acquisition Officer and
the enhanced amount granted by the Reference Court, it appears
that the enhancement in the present case is within four times the
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42-ra-438-2018.doc
amount originally awarded by the Special Land Acquisition Officer.
The case, therefore, falls within the parameters prescribed under
the aforesaid Government Resolutions.
3. In view of the aforesaid position and the policy decision of
the State Government contained in the Government Resolutions
referred to hereinabove, the first appeal is permitted to be
withdrawn and is accordingly disposed of as withdrawn.
4. The Court fee, if any, paid on the appeal shall be refunded to
the appellant in accordance with the applicable Rules.
5. In view of the disposal of the first appeal, all pending
interlocutory applications, if any, do not survive and are
accordingly disposed of.
6. This order shall not be treated as a precedent.
(AMIT BORKAR, J.)
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