Created by Fuzzy Cloud

Bombay High Court

THE STATE OF MAHARASHTRA AND ANOTHERversusVENKAT BHAGWAN MUSANE

Disposal
DISMISSED

Holding

The appeal is dismissed because the compensation enhancement does not exceed four times the original award and the government policy precludes challenging such enhancements.

Summary

The State of Maharashtra appealed a judgment of the Joint Civil Judge Senior Division, Udgir, which had enhanced compensation awarded to the claimant, Venkat Bhagwan Musane, in a land acquisition case. The appellant argued that the enhanced compensation did not exceed four times the amount originally awarded by the Land Acquisition Officer, and therefore should not be challenged. The court considered the State Government's policy decision, expressed in Government Resolution No. Sankirna-2014 and its subsequent corrigenda, which stipulated that the reference court's award would not be contested if the enhancement was up to four times. Finding no merit to intervene, the court dismissed the appeal. Consequently, the claimant may withdraw any amount deposited by the State, and any pending civil applications were disposed of.

Issues considered

  • Whether the compensation enhanced by the reference court exceeds four times the amount awarded by the Land Acquisition Officer.
  • Whether the appeal should be allowed in view of the State Government's resolution not to challenge enhancements up to four times.

Subjects

  • land acquisition
  • compensation
  • reference court
  • government resolution
  • appeal
  • civil procedure

Judgment

2026:BHC-AUG:38305
                                                                         19-FA-4635-2017.odt
                                                1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              19 FIRST APPEAL NO. 4635 OF 2017
                                            WITH
                     CIVIL APPLICATION NO. 7302 OF 2013 IN FA/4635/2017

                             The State Of Maharashtra And Another
                                            VERSUS
                                    Venkat Bhagwan Musane

                                             ......
          Mr. B.A. Shinde, AGP for Appellants-State
          Mr. H.B. Nandgavale, Advocate h/f Mr. V.G. Sakolkar, Advocate for
          Respondent-Claimant
                                             ......

                                         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

          23.07.2012 passed by the learned Joint Civil Judge Senior Division, Udgir in

          L.A.R. No.826 of 2010 (Old L.A.R. No.591/2005).


          3.     Learned AGP appearing for the appellant-State as well as learned

          counsel for the respondent-claimant 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
                                                                    19-FA-4635-2017.odt
                                          2

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.


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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.