Bombay High Court
THE STATE OF MAHversusMAHESH SUBHASH GAOKARE
- Disposal
- DISPOSED OFF
- Bench
- SANJAY A DESHMUKH
Holding
The Court held that appeals where the compensation awarded by the Reference Court does not exceed four times the SLAO amount must be disposed of in accordance with the State Government’s policy.
Summary
The State of Maharashtra filed several first appeals (Nos. 681, 683, 688, 685, 686, 689 of 2008) against judgments of the Latur Land Reference Court that awarded compensation to various respondents. The State argued that, per a Government Resolution dated 03‑11‑2016 and its 23‑02‑2017 corrigendum, it would not pursue appeals where the compensation awarded was not more than four times the amount fixed by the State Land Acquisition Officer (SLAO). In each case, the compensation awarded by the Reference Court fell within this four‑fold limit. The learned Advocate‑General for the State submitted that the appeals should be disposed of in line with this policy. The Court, after considering the submissions and the State’s policy, disposed of all the appeals without further hearing, effectively dismissing them. The decision underscores the binding effect of the State’s policy on the prosecution of compensation appeals.
Issues considered
- The applicability of the State Government’s policy resolution restricting appeals where compensation is within four times the SLAO award
- Whether the Court must dismiss appeals that fall within the stipulated compensation limit
Subjects
- Compensation
- Land Reference Court
- State Government resolution
- SLAO
- Appeal disposal
- Policy decision
- State of Maharashtra
Judgment
2026:BHC-AUG:10294
1 22 fa.681.08.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
22 FIRST APPEAL NO. 681 OF 2008
STATE OF MAHARASHTRA
VERSUS
SHIVNARAYAN SATLINGAPPA
...
AGP for Appellant / State : Mr. D. J. Patil.
...
AND
FIRST APPEAL NO. 683 OF 2008
THE STATE OF MAHARASHTRA
VERSUS
MAHESH SUBHASH GAOKARE
...
AGP for Appellant / State : Mr. D. J. Patil.
…
AND
FIRST APPEAL NO. 688 OF 2008
THE STATE OF MAHARASHTRA
VERSUS
ASHOK SANGAPPA GAOKARE AND OTHERS
...
AGP for Appellant / State : Mr. D. J. Patil.
Advocate for Respondents: Mr. Ajinkya Deshpande, h/f Mr. Amit Deshpande.
…
AND
FIRST APPEAL NO. 685 OF 2008
THE STATE OF MAHARASHTRA
VERSUS
SURESH NIWARTI BHOSALE
...
AGP for Appellant / State : Mr. D. J. Patil.
Advocate for Respondent : Mr. Ajinkya Deshpande, h/f Mr. Amit Deshpande.
…
AND
FIRST APPEAL NO. 686 OF 2008
THE STATE OF MAHARASHTRA
VERSUS
MUKTABAI SOPAN
2 22 fa.681.08.odt
...
AGP for Appellant / State : Mr. D. J. Patil.
...
AND
FIRST APPEAL NO. 689 OF 2008
THE STATE OF MAHARASHTRA
VERSUS
SURYAKANT LIMBANAPPA GAOKARE
...
AGP for Appellant / State : Mr. D. J. Patil.
Advocate for Respondent : Mr. Ajinkya Deshpande, h/f Mr. Amit Deshpande.
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 09th March, 2026.
P.C.:
1 These appeals are preferred against the judgment and
award dated 25th January, 1996 passed by the learned Land
Reference Court, District Latur, in LAR Nos.478, 486, 482, 479, 480
and 485 of 1989.
2 The learned AGP for the State submits that in view of the
policy decision of the State Government as per the Government
Resolution dated 03.11.2016 and the corrigendum dated 23.02.2017
issued thereto, the State Government has resolved not to file or
contest any appeal where the amount of compensation awarded by
the Reference Court is within four times of the amount awarded by the
SLAO. He submits that the present first appeal deserves to be
disposed of in view of the aforesaid policy decision of the State
3 22 fa.681.08.odt
Government, as the amount of compensation awarded by the
Reference Court is within four times of the amount awarded by the
SLAO.
3 Considering the submissions of the learned AGP as well as
the policy decision of the State Government, the appeals deserve to be
disposed of. The first appeals are disposed of accordingly.
[ SANJAY A. DESHMUKH, J. ]
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