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Bombay High Court

STATE OF MAHversusVASANT NIVRUTTI CHAUDHARI

Disposal
DISPOSED OFF

Holding

The appeals were dismissed because the compensation awarded was within four times the SLAO award, in accordance with the State Government’s policy.

Summary

The Special Land Acquisition Officer appealed against judgments and compensation awards dated 12 October 2004 rendered by the Land Reference Court, Jalgaon, in two land acquisition matters. The State Government had issued a policy resolution on 3 November 2016, amended on 23 February 2017, stating it would not file or contest any appeal where the compensation awarded by the Reference Court did not exceed four times the amount awarded by the Special Land Acquisition Officer. The learned Additional Government Pleader submitted that the compensation in the present appeals fell within this four‑fold limit. The court, considering the State’s policy and the AGP’s submission, held that there was no merit in proceeding with the appeals. Consequently, both appeals were disposed of without further hearing.

Issues considered

  • Whether the appeal should be entertained when the compensation awarded by the Reference Court is within four times the amount awarded by the Special Land Acquisition Officer, as per the State Government’s policy resolution.

Subjects

  • Land acquisition
  • Compensation
  • Appeal
  • Government policy
  • Special Land Acquisition Officer
  • Reference Court

Judgment

2026:BHC-AUG:10303


                                                     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. ]
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