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Bombay High Court

EXECUTIVE ENGINEER,LATUR MEDIUM PROJECT,NOW LATUR MINOR IRRIGATION DIV., LATUR UNDER GMIDC AND ANRversusDASHRATH DHONDIBA KASMALE

Disposal
DISMISSED

Holding

The High Court held that it will not intervene with the reference court’s award where the enhanced compensation does not exceed four times the amount awarded by the Land Acquisition Officer, in accordance with the State Government’s policy.

Summary

The Executive Engineer, Latur Medium Project (the acquiring body) appealed a common judgment dated 3 May 2012 of the 4th Joint Civil Judge, Senior Division, Latur, which had enhanced compensation in several land acquisition references. The appellant contended that the enhanced compensation did not exceed four times the amount awarded by the Land Acquisition Officer. The State Government’s policy resolution (Sankirna‑2014) stipulated that the reference should not be challenged if the enhancement is limited to four times the original award. The High Court examined whether it should intervene in the reference court’s award in light of this policy. Finding no basis to interfere, the Court dismissed the appeal. It also ordered that any amount deposited by the State could be withdrawn and that pending civil applications were disposed of.

Issues considered

  • Whether the High Court should interfere with the reference court’s enhanced compensation award in land acquisition cases where the enhancement does not exceed four times the Land Acquisition Officer’s award, given the State Government’s policy resolution.

Subjects

  • land acquisition
  • compensation
  • reference court
  • government policy
  • appeal dismissed
  • civil applications

Judgment

2026:BHC-AUG:39518
                                                                        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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