Bombay High Court
EXECUTIVE ENGINEER,LATUR MEDIUM PROJECT,NOW LATUR MINOR IRRIGATION DIV., LATUR UNDER GMIDC AND ANRversusRAMCHANDRA NARSAPPA BARULE
- Disposal
- DISMISSED
Holding
The appellate court dismissed the appeals, holding that there was no basis to intervene where the compensation enhancement did not exceed four times the original award.
Summary
The Executive Engineer, Latur Minor Irrigation Division, appealed against several judgments of the 4th Joint Civil Judge that enhanced compensation in land acquisition cases. The appellant argued that the enhanced compensation should not exceed four times the amount awarded by the Land Acquisition Officer. The court noted a State Government resolution (Sankirna‑2014) stating that the government would not challenge any award where the enhancement is up to four times. Since the appealed awards fell within that limit, the court found no ground to interfere. Consequently, the appeals were dismissed and any pending civil applications were also disposed.
Issues considered
- Whether the appellate court should intervene when the compensation awarded by the reference court is enhanced up to four times the amount fixed by the Land Acquisition Officer.
Subjects
- land acquisition
- compensation enhancement
- government resolution
- appellate jurisdiction
- civil applications
Judgment
2026:BHC-AUG:39516
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
Checking your session…