Bombay High Court
THE STATE OF MAHARASHTRA AND ANOTHERversusAPPASAHEB SUKHDEV KADAM AND OTHERS
- Disposal
- DISMISSED
Holding
The appeal is dismissed because the compensation enhancement does not exceed the four‑times limit set by the Government Resolution.
Summary
The State of Maharashtra appealed a judgment of the Joint Civil Judge, Senior Division, Beed, which had enhanced compensation awarded to land acquisition claimants. The respondents argued that the enhanced amount did not exceed four times the amount fixed by the Land Acquisition Officer. The State relied on a Government Resolution (Sankirna‑2014) and its subsequent corrigenda, which stipulated that the State would not contest a reference court's award if the enhancement was up to four times the original amount. The Court examined the policy resolution and found no basis to intervene since the enhancement stayed within the four‑fold limit. Consequently, the appeal was dismissed, and any pending civil applications were also disposed of.
Issues considered
- Whether the compensation enhancement by the reference court exceeds the four‑times limit prescribed by the Government Resolution
- Whether the State may challenge the reference court's award when the enhancement is within the four‑times limit
Subjects
- Land Acquisition
- Compensation
- Reference Court
- Government Resolution
- Appeal
Judgment
2026:BHC-AUG:38311
18-FA-4634-2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
18 FIRST APPEAL NO. 4634 OF 2017
WITH
CIVIL APPLICATION NO. 15878 OF 2015 IN FA/4634/2017
The State Of Maharashtra And Another
VERSUS
Appasaheb Sukhdev Kadam And Others
......
Mr. A.D. Wange, AGP for Appellant-State
Mr. N.K. Tungar, Advocate for Respondents No.1 to 6
......
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 21 AUGUST, 2026
PER COURT :
1. Heard the learned counsel for the Appellant/State.
2. By this appeal, the Appellant assail the Judgment and award dated
01.10.2014 passed by the learned Jt. Civil Judge Senior Division, Beed in
L.A.R. No.160 of 2011.
3. Learned AGP appearing for Appellants-State as well as learned
counsel for the respondents-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 03.11.2016 with
Corrigendum dated 23.02.2017 and 13.08.2018 to the said Government
18-FA-4634-2017.odt
2
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
order. Hence, the present Appeal is dismissed.
6. The Claimant is at liberty to withdraw the amount deposited by the
State/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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