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Bombay High Court

THE STATE OF MAHARASHTRAversusPRAKASH SOJAR ANDHARE AND ANR

Disposal
DISMISSED

Holding

The appeal is dismissed because the compensation enhancement does not exceed the four‑times limit set by the State Government Resolution.

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 State argued that the reference court's enhancement did not exceed four times the amount fixed by the Land Acquisition Officer, which is the ceiling prescribed by a State Government Resolution (Sankirna-2014) and its subsequent corrigenda. The court examined the policy decision embodied in the resolution, which stipulated that the State would not challenge any reference where compensation was enhanced only up to four times the original award. Finding no violation of the resolution or any legal error, the bench saw no reason to interfere with the reference court's order. Consequently, the appeal was dismissed, the claimants were allowed to withdraw any deposited amount, and any pending civil applications were disposed of.

Issues considered

  • Whether the reference court's enhancement of compensation beyond the amount awarded by the Land Acquisition Officer exceeds the four‑times ceiling prescribed by the State Government Resolution.

Subjects

  • Land acquisition
  • Compensation enhancement
  • Government resolution
  • Appeal
  • Civil procedure

Judgment

2026:BHC-AUG:38288
                                                                           26-FA-4705-2017.odt
                                                  1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                              26 FIRST APPEAL NO. 4705 OF 2017
                                      The State Of Maharashtra
                                              VERSUS
                                 Prakash Sojar Andhare 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.405 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.
                                                                    26-FA-4705-2017.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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