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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