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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