Created by Fuzzy Cloud

Bombay High Court

EXECUTIVE ENGINEER,LATUR MEDIUM PROJECT,NOW LATUR MINOR IRRIGATION DIV., LATUR UNDER GMIDC AND ANRversusCHANGDEO NARAYAN JADHAV

Disposal
DISMISSED

Holding

The appeal is dismissed as the compensation enhancement does not exceed the four‑times limit set by the State Government's policy.

Summary

The Executive Engineer, Latur Minor Irrigation Division, appealed against a judgment and award dated 03.05.2012 that enhanced compensation in several land acquisition references. The appellant argued that the enhanced compensation should not exceed four times the amount awarded by the Land Acquisition Officer. The court considered the State Government's policy resolution (Sankirna-2014) which stipulated that the acquiring body would not challenge the reference if compensation was enhanced only up to four times. Finding no merit to intervene, the court dismissed the appeal. Consequently, the appeal was dismissed, pending civil applications were disposed, and the claimant may withdraw any amount deposited with the State.

Issues considered

  • Whether the compensation awarded by the reference court exceeding four times the Land Acquisition Officer's award can be challenged by the acquiring body.

Subjects

  • land acquisition
  • compensation
  • appeal
  • government resolution
  • judicial review

Judgment

2026:BHC-AUG:39522
                                                                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.