Bombay High Court
THE STATE OF MAHARASHTRAversusSANJAY BABAN MALI AND ORS
- Disposal
- DISMISSED
Holding
The appeal is dismissed as there is no reason to intervene when compensation is enhanced only up to four times the original award.
Summary
The State of Maharashtra appealed a judgment of the 2nd Joint Civil Judge (Senior Division) in Osmanabad that had enhanced compensation awarded to claimants in a land acquisition matter. The claimants, represented by Mr. S.N. Patne, argued that the enhanced amount did not exceed four times the original award by the Land Acquisition Officer. The State, through AGP Mr. A.M. Phule, contended that under the State Government Resolution Sankirna‑2014 and its subsequent corrigenda, the reference court's decision to enhance compensation only up to four times should not be challenged. The bench examined the policy decision embodied in the government resolution and found no legal ground to interfere with the reference court’s order. Consequently, the appeal was dismissed, the claimants were permitted to withdraw any deposited amount, and any pending civil applications were disposed of.
Issues considered
- Whether the reference court's enhancement of compensation up to four times the Land Acquisition Officer's award 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
Judgment
2026:BHC-AUG:38297
22-FA-4701-2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
22 FIRST APPEAL NO. 4701 OF 2017
The State Of Maharashtra
VERSUS
Sanjay Baban Mali And Others
......
Mr. A.M. Phule, AGP for Appellant-State
Mr. S.N. Patne, Advocate Respondents No.1 to 3
......
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.404 of 2013.
3. Learned AGP appearing for the Appellant-State as well as learned
counsel appearing for respondents No.1 to 3(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
Resolution, took a decision not to challenge the reference, if compensation is
enhanced only upto four times.
22-FA-4701-2017.odt
2
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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