Bombay High Court
THE STATE OF MAHARASHTRAversusSUMAN SOJAR ANDHARE AND ANR
- Disposal
- DISMISSED
Holding
The appeal is dismissed as the compensation enhancement does not exceed four times the amount awarded, per the Government Resolution.
Summary
The State of Maharashtra appealed a judgment and award dated 1 October 2014 issued by the 2nd Joint Civil Judge Senior Division, Osmanabad in L.A.R. No.400 of 2013, challenging the compensation enhancement granted to the claimants. The claimants argued that the enhanced compensation did not exceed four times the amount awarded by the Land Acquisition Officer. The State relied on Government Resolution No. Sankirna‑2014 and its subsequent corrigenda, which stipulated that the State would not contest a reference court's award if the enhancement was limited to four times the original amount. The bench examined the policy decision embodied in the resolution and found no basis to intervene. Consequently, the appeal was dismissed, the claimants were permitted to withdraw any amount deposited with the acquiring authority, and any pending civil applications were disposed of.
Issues considered
- Whether the State can challenge the reference court's enhanced compensation when the enhancement does not exceed four times the amount awarded by the Land Acquisition Officer, in view of the Government Resolution.
Subjects
- Land Acquisition
- Compensation
- Reference Court
- Government Resolution
- Appeal Dismissed
Judgment
2026:BHC-AUG:38289
25-FA-4704-2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
25 FIRST APPEAL NO. 4704 OF 2017
The State Of Maharashtra
VERSUS
Suman Sojar Andhare And Another
......
Mr. S.N. Morampalle, AGP for Appellant-State
Mr. S.N. Patne, Advocate for Respondent No1-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.400 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.
25-FA-4704-2017.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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