Bombay High Court
THE STATE OF MAHARASHTRAversusJAMBUWANT POPAT BHOSALE AND ANR
- Disposal
- DISMISSED
Holding
The appeal is dismissed because the compensation enhancement does not exceed the four‑times limit prescribed by the Government Resolution, leaving no ground for the State to intervene.
Summary
The State of Maharashtra appealed a judgment of the 2nd Joint Civil Judge Senior Division, Osmanabad, which had enhanced compensation awarded to the claimants in a land acquisition matter. The claimants argued that the enhanced compensation 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 challenge any reference where compensation was enhanced only up to four times. The bench examined these submissions and the policy decision embodied in the resolution. Finding no basis to intervene, the court dismissed the appeal, allowing the claimants to withdraw any amount deposited with the acquiring authority and disposing of any pending civil applications.
Issues considered
- Whether the State can challenge a reference court's enhancement of compensation beyond four times the Land Acquisition Officer's award
- Whether the Government Resolution restricting challenges to enhancements up to four times is applicable to the present case
Subjects
- Land Acquisition
- Compensation
- Government Resolution
- Reference Court
- Appeal
Judgment
2026:BHC-AUG:38300
21-FA-4700-2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
21 FIRST APPEAL NO. 4700 OF 2017
The State Of Maharashtra
VERSUS
Jambuwant Popat Bhosale And Another
......
Mr. S.S. Dande, AGP for Appellant-State
Mr. S.N. Patne, Advocate for Respondent No.1-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
01.10.2014 passed by the learned 2nd Joint Joint Civil Judge Senior Division,
Osmanabad in L.A.R. No.403 of 2013.
3. Learned AGP appearing for the Appellant-State as well as learned
counsel appearing for respondent No.1-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
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.
21-FA-4700-2017.odt
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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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