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Bombay High Court

EXECUTIVE ENGINEERE (M S E B )versusPRAKASH NAGIN PATIL and ORS.

Disposal
DISMISSED

Holding

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

Summary

The Executive Engineer (M.S.E.B.) appealed a judgment and award dated 8 March 2005 issued by the Civil Judge Senior Division, Shahada in L.A.R. No.2 of 1998, challenging the amount of compensation awarded. The appellant argued that the compensation enhanced by the reference court exceeded four times the amount awarded by the Land Acquisition Officer. The court considered a State Government policy resolution (Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 3 November 2016, with subsequent corrigenda) which stipulated that the reference would not be challenged if the enhancement was only up to four times. Finding no merit in the appellant’s claim and noting the policy, the judge dismissed the appeal. Consequently, any pending civil applications related to the matter were also disposed of.

Issues considered

  • Whether the compensation enhanced by the reference court exceeds four times the amount awarded by the Land Acquisition Officer
  • Whether the State Government's policy resolution precludes judicial intervention in such compensation enhancements

Subjects

  • land acquisition
  • compensation
  • reference court
  • government resolution
  • appeal
  • civil application

Judgment

2026:BHC-AUG:41308
                                                                           903-FA-613-2005.odt
                                                1

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              903 FIRST APPEAL NO. 613 OF 2005
                                           WITH
                     CIVIL APPLICATION NO. 9877 OF 2008 IN FA/613/2005

                                Executive Engineer (M.S.E.B.)
                                          VERSUS
                                Prakash Nagin Patil and Others

                                             ……
          Mr. Sanjay Mundhe, Advocate for the Appellant
          Mr. J.R. Shah, Advocate for Respondents No.1 to 4
          Mr. D.R. Korde, AGP for Respondent No.5-State
                                             …...

                                         CORAM : SIDDHESHWAR S. THOMBRE, J.
                                         DATE       : 04 SEPTEMBER, 2026
          PER COURT :

          1.     Heard the learned counsel for the Appellant/State.

          2.     By this appeal, the Appellant assail the Judgment and award dated

          08.03.2005 passed by the learned Civil Judge Senior Division, Shahada in

          L.A.R. No. 2 of 1998 (Old LAR No.4 of 1996)


          3.     Learned counsel for the appellant as well as learned AGP 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
                                                                    903-FA-613-2005.odt
                                          2

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.         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


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