Bombay High Court
EXECUTIVE ENGINEER,LATUR MEDIUM PROJECT,NOW LATUR MINOR IRRIGATION DIV., LATUR UNDER GMIDC AND ANRversusABHIMANY SRIHARI SAMPATE
- Disposal
- DISMISSED
Holding
The appeals are liable to be dismissed because the Reference Court's enhanced compensation did not exceed four times the Land Acquisition Officer's award, and the State Government's policy decision was not to challenge such reference awards.
Summary
These eight first appeals were filed by the Executive Engineer, Latur Medium Project (now Latur Minor Irrigation Division, Latur, under G.M.I.D.C.) and another, challenging a common judgment and award dated 03.05.2012 passed by the 4th Joint Civil Judge Senior Division, Latur in Land Acquisition References. The Reference Court had enhanced the compensation payable to the claimants/respondents. The appellant-acquiring body contended that the enhanced compensation did not exceed four times the amount awarded by the Land Acquisition Officer. The State Government had issued Government Resolution No. Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 03.11.2016, with corrigenda dated 23.02.2017 and 13.08.2018, deciding not to challenge reference awards where compensation is enhanced only up to four times. The High Court accepted this position and found no reason to interfere with the impugned award. Accordingly, the appeals were dismissed, and the claimants were given liberty to withdraw any amount deposited by the State/acquiring body before the Reference Court. Pending civil applications were disposed of.
Issues considered
- Whether the acquiring body's appeals against the Reference Court's enhanced compensation award require interference when the enhancement does not exceed four times the amount awarded by the Land Acquisition Officer?
- Whether the State Government's policy decision not to challenge reference awards where compensation is enhanced up to four times applies to the present appeals?
Subjects
- Land Acquisition
- Compensation
- Enhanced Compensation
- Reference Court
- Government Resolution
- Four Times Compensation
- Acquiring Body
- First Appeal
- Dismissal
Judgment
2026:BHC-AUG:39515
6-FA-4767-2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
6 FIRST APPEAL NO. 4767 OF 2017
Executive Engineer, Latur Medium Project,
Now Latur Minor Irrigation Division, Latur, Under G.M.I.D.C. And Another
VERSUS
Abhimany Srihari Sampate
……
7 FIRST APPEAL NO. 4768 OF 2017
Executive Engineer, Latur Medium Project,
Now Latur Minor Irrigation Division, Latur, Under G.M.I.D.C. And Another
VERSUS
Ramchandra Narsappa Barule
……
8 FIRST APPEAL NO. 4769 OF 2017
Executive Engineer, Latur Medium Project,
Now Latur Minor Irrigation Division, Latur, Under G.M.I.D.C. And Another
VERSUS
Prabhavati Dnyanoba Sampate
……
9 FIRST APPEAL NO. 4770 OF 2017
Executive Engineer, Latur Medium Project,
Now Latur Minor Irrigation Division, Latur, Under G.M.I.D.C. And Another
VERSUS
Dashrath Dhondiba Kasmale
……
10 FIRST APPEAL NO. 4771 OF 2017
Executive Engineer, Latur Medium Project,
Now Latur Minor Irrigation Division, Latur, Under G.M.I.D.C. And Another
VERSUS
Satyawan Srihari Sampate (Died)
Through His L.Rrs. Sangeeta And Others
……
6-FA-4767-2017.odt
2
11 FIRST APPEAL NO. 4772 OF 2017
Executive Engineer, Latur Medium Project,
Now Latur Minor Irrigation Division, Latur, Under G.M.I.D.C. And Another
VERSUS
Gundiba Jyotiba Shinde (Died)
Through His L.Rrs. Prabhakar And Others
……
12 FIRST APPEAL NO. 4773 OF 2017
Executive Engineer, Latur Medium Project,
Now Latur Minor Irrigation Division, Latur, Under G.M.I.D.C. And Another
VERSUS
Shatrughan Srihari Sampate
……
13 FIRST APPEAL NO. 4774 OF 2017
Executive Engineer, Latur Medium Project,
Now Latur Minor Irrigation Division, Latur, Under G.M.I.D.C. And Another
VERSUS
Changdeo Narayan Jadhav
……
Mr. B.R. Surwase, AGP for Appellant-Acquiring Body
…...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 29 AUGUST, 2026
PER COURT :
1. Heard the learned counsel for the Appellant/State.
2. By these appeals, the Appellant-acquiring body assail the common
impugned Judgment and award dated 03.05.2012 passed by the learned
4th Jt. Civil Judge Senior Division, Latur in Land Acquisition References Nos.
688/2000, 687/2000, 772/2000, 686/2000, 681/2000, 679/2000,
680/2000 and 682/2000 respectively.
6-FA-4767-2017.odt
3
3. Learned counsel Mr. B.R. Surwase for the appellant-acquiring body
submits 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.
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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