Bombay High Court
THE EX ENG. DHULE MEDIUM PROJECT DIV 1 DHULEversusTHE STATE OF MAH AND ORS
- Disposal
- DISMISSED
Holding
The appeal is dismissed as there is no ground to intervene in the reference court's compensation enhancement within the four‑times limit.
Summary
The appellant, Ex Eng Dhule Medium Project Division 1 Dhule, appealed against the judgment and award dated 31 July 2008 of the 4th Joint Civil Judge, Senior Division, Dhule, which enhanced compensation in land acquisition cases. The appellant contended that the reference court's enhancement did not exceed four times the amount awarded by the Land Acquisition Officer, contrary to the State's policy. The State of Maharashtra relied on Government Resolution No. Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 3 November 2016, as amended, which stipulated that it would not challenge a reference if the compensation was enhanced only up to four times. The Court examined whether there was any ground to intervene in the reference court's award given the State's policy. Finding no reason to interfere, the Court dismissed the appeals and ordered that any pending civil applications be disposed of.
Issues considered
- Whether the reference court's enhancement of compensation beyond the Land Acquisition Officer's award violates the State Government's policy limiting challenges to enhancements up to four times
- Whether the appellate court has jurisdiction to intervene in the reference court's award in light of the State's resolution
Subjects
- Land acquisition
- Compensation enhancement
- Government resolution
- Reference court
- Appeal dismissal
Judgment
2026:BHC-AUG:46231
FA 502/09
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
905 FIRST APPEAL NO. 502 OF 2009
THE EX ENG DHULE MIDIUM PROJECT DIV 1 DHULE
VERSUS
THE STATE OF MAH
...
Advocate for Appellant : Mr. Pawar Ajay D.
AGP for Respondent/State : Mr. B.A. Shinde
...
WITH
FIRST APPEAL NO. 499 OF 2009
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : September 30, 2026
PER COURT :-
1. Heard the learned counsel for the Appellant/acquiring body and the
learned AGP for State.
2. By these appeals, the appellant/acquiring body assails the judgment
and award dated 31.7.2008 passed by the learned 4 th Jt. Civil Judge, Senior
Division, Dhule in LAR Nos. 137/2003 and 148/2003.
3. Both the learned advocates submit 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
FA 502/09
2
order. Hence, the present appeals are dismissed.
6. In view of dismissal of the appeals, pending civil applications, if any,
do not survive and are disposed of accordingly.
( SIDDHESHWAR S. THOMBRE, J. )
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