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Bombay High Court

EXECUTIVE ENGINEER,LATUR MEDIUM PROJECT,NOW LATUR MINOR IRRIGATION DIV., LATUR UNDER GMIDC AND ANRversusSHATRUGHAN SRIHARI SAMPATE

Disposal
DISMISSED

Holding

The appeal is dismissed; the compensation enhancement is within the four‑times limit and the High Court will not intervene.

Summary

The Executive Engineer, Latur Minor Irrigation Division (the acquiring body) appealed against a judgment dated 03‑05‑2012 of the 4th Joint Civil Judge, which had enhanced compensation for land acquired in several reference cases. The appellant argued that the enhanced compensation should not exceed four times the amount awarded by the Land Acquisition Officer, relying on a State Government resolution (Sankirna‑2014) that set this ceiling. The High Court examined the policy decision embodied in the resolution and found no merit in overturning the lower court’s award, as the enhancement was within the permissible limit. Consequently, the Court dismissed the appeal, allowing the claimants to withdraw any deposits made to the State, and ordered that any pending civil applications be disposed of. The decision upheld the lower court’s compensation determination and affirmed the applicability of the government’s four‑times ceiling.

Issues considered

  • Whether the compensation awarded by the reference court exceeds the four‑times ceiling prescribed by the State Government resolution and thus warrants interference.
  • Whether the High Court has jurisdiction to intervene in the compensation award under the land acquisition statutes.

Subjects

  • Land acquisition
  • Compensation
  • Government resolution
  • Appeal
  • Judicial review

Judgment

2026:BHC-AUG:39521
                                                                        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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