Bombay High Court
EXECUTIVE ENGINEER,LATUR MEDIUM PROJECT,NOW LATUR MINOR IRRIGATION DIV., LATUR UNDER GMIDC AND ANRversusGUNDIBA JYOTIBA SHINDE DIED THR HIS LRS PRABHAKAR AND ORS
- Disposal
- DISMISSED
Holding
The appeal was dismissed because the compensation enhancement did not exceed the four‑times limit prescribed by the State Government's policy.
Summary
The Executive Engineer, Latur Minor Irrigation Division, appealed against a common judgment and award dated 03 May 2012 rendered by the 4th Joint Civil Judge in several land acquisition reference cases. The appellant contended that the compensation awarded by the reference court did not exceed four times the amount fixed by the Land Acquisition Officer, invoking a State Government resolution that limits challenges to enhancements beyond that multiple. The High Court examined the appellant's submissions and the policy decision embodied in Government Resolution No. Sankirna-2014 and its subsequent corrigenda. Finding no merit to intervene, the Court held that the reference court's award, being within the four‑times limit, could not be disturbed. Consequently, the appeal was dismissed, pending civil applications were disposed of, and the claimant was permitted to withdraw any amount deposited with the State.
Issues considered
- Whether the appellate court can set aside a reference court's compensation award when the enhancement is limited to four times the Land Acquisition Officer's award.
- Whether the State Government's policy resolution bars challenges to compensation enhancements up to four times the original award.
Subjects
- land acquisition
- compensation
- appellate jurisdiction
- government policy
- reference court
- enhancement limit
- dismissal
Judgment
2026:BHC-AUG:39520
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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