Bombay High Court
THE STATE OF MAHARASHTRAversusAMBRUSHI SONA BHOSALE AND ANR
- Disposal
- DISMISSED
Holding
The appeal is dismissed as the compensation enhancement up to four times the Land Acquisition Officer’s award is permissible under the State Government’s policy.
Summary
The State of Maharashtra appealed a judgment of the 2nd Joint Civil Judge (Senior Division) in Osmanabad concerning compensation awarded in land acquisition proceedings (L.A.R. No.402 of 2013) to Ambrushi Sona Bhosale and another. The appellant contended that the reference court had enhanced the compensation beyond four times the amount fixed by the Land Acquisition Officer, which the State alleged was impermissible. The respondents argued that the enhancement was within the ceiling of four times, as permitted by the State Government’s policy resolution dated 03.11.2016 and its subsequent corrigenda. The bench examined the Government Resolution (Sankirna-2014/Prak.Kra.4/Bham-1/A-4) and noted that the policy expressly decided not to challenge any reference order where compensation is enhanced only up to four times. Finding no merit in the appeal, the court held that there was no ground to intervene against the reference court’s order. Consequently, the appeal was dismissed, the claimant was allowed to withdraw any amount deposited with the acquiring authority, and any pending civil applications were disposed of.
Issues considered
- Whether the compensation enhancement by the reference court exceeds the four‑times ceiling prescribed by the State Government’s policy
- Whether the State can challenge the reference court’s order under the said policy
Subjects
- land acquisition
- compensation
- reference court
- government resolution
- appeal dismissal
- policy ceiling
Judgment
2026:BHC-AUG:38287
27-FA-4706-2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
27 FIRST APPEAL NO. 4706 OF 2017
The State Of Maharashtra
VERSUS
Ambrushi Sona Bhosale And Another
......
Mr. A.M; Phule, 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.402 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.
27-FA-4706-2017.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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