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
Checking your session…