Bombay High Court
THE STATE OF MAHARASHTRA AND ANOTHERversusRAMRAO MAHADU KENDRE
- Disposal
- DISMISSED
Holding
The appeal is dismissed as the compensation enhancement does not exceed the four‑times limit prescribed by the Government Resolution.
Summary
The State of Maharashtra appealed a judgment of the Joint Civil Judge Senior Division, Udgir, which had enhanced compensation in a land acquisition case to an amount not exceeding four times the award of the Land Acquisition Officer. The State argued that the reference court's enhancement was within the permissible limit set by a Government Resolution (Sankirna-2014) which stipulated that challenges would not be entertained if the enhancement did not exceed four times. The Court examined the policy decision embodied in the resolution and found no basis to interfere with the reference court’s order. Consequently, the appeal was dismissed, and any pending civil applications were ordered to be disposed of. The claimant was allowed to withdraw any amount deposited by the State with the reference court.
Issues considered
- Whether the reference court's enhancement of compensation beyond the Land Acquisition Officer's award, but not exceeding four times, can be challenged by the State.
- Whether the appeal against the reference court's order should be allowed.
Subjects
- Land Acquisition
- Compensation
- Reference Court
- Government Resolution
- Appeal Dismissed
Judgment
2026:BHC-AUG:38302
20-FA-4636-2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
20 FIRST APPEAL NO. 4636 OF 2017
WITH
CIVIL APPLICATION NO. 7300 OF 2013 IN FA/4636/2017
The State Of Maharashtra And Another
VERSUS
Ramrao Mahadu Kendre
......
Mr. S.N. Morampalle, 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.825 of 2010 (Old L.A.R. No.590/2005).
3. Learned AGP appearing for the Appellant-State as well as learned
counsel appearing for 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
20-FA-4636-2017.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
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