Bombay High Court

THE STATE OF MAHARASHTRA (THROUGH THE SPECIAL LAND ACQUISITION OFFICER) AND ANR.versusSHRI. MANOHAR BHIKA KANOJE AND ANR.

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The appeal is withdrawn as the enhanced compensation falls within the four‑times limit prescribed by the Government Resolutions.

Summary

The State of Maharashtra filed a first appeal challenging a compensation award in a land acquisition matter. The State relied on three Government Resolutions (dated 3 Nov 2016, 11 May 2018, and 13 Aug 2018) which stipulate that if the Reference Court’s enhancement of compensation does not exceed four times the amount awarded by the Special Land Acquisition Officer, the State must withdraw its appeal. The court examined the records and found that the enhanced compensation was indeed within the four‑times limit. Accordingly, the court permitted the withdrawal of the appeal, ordered a refund of any court fee paid, and dismissed any pending interlocutory applications. The order was expressly stated not to be a precedent.

Issues considered

Whether the first appeal filed by the State of Maharashtra must be withdrawn under the Government Resolutions when the enhanced compensation is within four times the original award

Subjects

Land Acquisition
Compensation
Government Resolutions
Appeal Withdrawal
Civil Appellate Jurisdiction
Special Land Acquisition Officer

Judgment

                                                                              43-fa-502-2018.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                         FIRST APPEAL NO. 502 OF 2018

                      The State of Maharashtra & Anr.               … Appellants
                                 V/s.
SHABNOOR              Manohar Bhika Kanoje & Anr.                   … Respondents
AYUB
PATHAN
Digitally signed by
SHABNOOR AYUB
PATHAN
Date: 2026.08.18      Mr. A.R. Patil, Additional G.P. for the appellants/
18:09:22 +0530
                      applicants.


                                                  CORAM        : AMIT BORKAR, J.

                                                  DATED        : AUGUST 18, 2026
                      P.C.:

                      1.      Learned Additional Government Pleader appearing for the
                      State has placed reliance upon the Government Resolutions dated
                      3 November 2016, 11 May 2018 and 13 August 2018. Under the
                      said Government Resolutions, the State Government has taken a
                      policy decision that where the compensation enhanced by the
                      Reference Court does not exceed four times the amount awarded
                      by the Special Land Acquisition Officer, the first appeal filed by the
                      State is liable to be withdrawn. The learned Additional
                      Government Pleader submits that the present appeal falls within
                      the scope of the said policy decision.

                      2.      Upon perusal of the record and, in particular, the amount of
                      compensation awarded by the Special Land Acquisition Officer and
                      the enhanced amount granted by the Reference Court, it appears
                      that the enhancement in the present case is within four times the



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                                                         43-fa-502-2018.doc


amount originally awarded by the Special Land Acquisition Officer.
The case, therefore, falls within the parameters prescribed under
the aforesaid Government Resolutions.

3.   In view of the aforesaid position and the policy decision of
the State Government contained in the Government Resolutions
referred to hereinabove, the first appeal is permitted to be
withdrawn and is accordingly disposed of as withdrawn.

4.   The Court fee, if any, paid on the appeal shall be refunded to
the appellant in accordance with the applicable Rules.

5.   In view of the disposal of the first appeal, all pending
interlocutory applications, if any, do not survive and are
accordingly disposed of.

6.   This order shall not be treated as a precedent.



                                            (AMIT BORKAR, J.)




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