Bombay High Court
THE EX ENG DHULE MIDIUM PROJECT DIV 1 DHULEversusTHE STATE OF MAH
- Disposal
- DISMISSED
Holding
The Court dismissed the appeals, finding no reason to intervene where the compensation enhancement does not exceed four times the original award.
Summary
The appellant, an acquiring body, appealed the judgment and award dated 31 July 2008 issued by the 4th Joint Civil Judge, Senior Division, Dhule in land acquisition reference cases LAR Nos. 137/2003 and 148/2003. The appellant contended that the compensation enhancement ordered by the reference court exceeded the permissible limit of four times the amount awarded by the Land Acquisition Officer. The State relied on a Government Resolution (No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 03‑11‑2016, with corrigenda dated 23‑02‑2017 and 13‑08‑2018) which stipulated that it would not challenge a reference where the enhancement is only up to four times. The Court examined the policy decision and found no basis to interfere with the reference court’s award. Consequently, the appeals were dismissed and any pending civil applications were also disposed of. The judgment reaffirmed the State’s policy stance on compensation limits in land acquisition matters.
Issues considered
- Whether the reference court’s enhancement of compensation beyond four times the Land Acquisition Officer’s award is permissible under the applicable law and State policy.
Subjects
- land acquisition
- compensation enhancement
- government resolution
- reference court
- appeal dismissed
Judgment
2026:BHC-AUG:46230
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. )
ssc/
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