Bombay High Court

GODAVARI KHORE MARATHWADA IRRIGATION DEVELOPMENT CORPORATIONversusSINDHUBAI BALASAHEB DESHMUKH AND OTHERS

Disposal: DISMISSED
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The appeal is dismissed as there is no reason to intervene with the reference court’s order that enhanced compensation only up to four times.

Summary

The Godavari Khore Marathwada Irrigation Development Corporation appealed a 2012 judgment and award in LAR No.25/2009 concerning compensation for land acquisition. The appellant argued that the compensation enhancement ordered by the reference court did not exceed four times the amount awarded by the Land Acquisition Officer. The State Government’s policy resolution (Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4) stipulated that references would not be challenged if the enhancement was up to four times. The court examined these submissions and found no basis to intervene in the reference court’s order. Consequently, the appeal was dismissed, and any pending civil applications were disposed of, with the claimant allowed to withdraw any deposited amount.

Issues considered

Whether the compensation enhancement 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 dismissed
civil application

Judgment

                                                                    FA 721/14
                                    1

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   30 FIRST APPEAL NO. 721 OF 2014
                                WITH
          CIVIL APPLICATION NO. 7688 OF 2013 IN FA/721/2014

       GODAVARI KHORE MARATHWADA IRRIGATION DEVELOPMENT
                            CORPORATION
                               VERSUS
           SINDHUBAI BALASAHEB DESHMUKH AND OTHERS
                                   ...
           Advocate for Appellant : Mrs. Geeta L. Deshpande
              AGP for Respondent/State : Mr. A.D. Wange
            Advocate for Respondents 1 & 2 : Mr. S.S. Naik
                                   ...

                     CORAM       : SIDDHESHWAR S. THOMBRE, J.
                     Dated       : July 07, 2026

PER COURT :-

1.      Heard the learned counsel for the Appellant/acquiring body, the

learned AGP for State and the learned counsel for claimants.


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

05.04.2012 passed by the learned Civil Judge, Senior Division, Parbhani in

LAR No. 25/2009.


3.      Learned counsel for the appellant/acquiring body, the learned AGP

as well as learned counsel for claimants 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
                                                               FA 721/14
                                      2

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

order. Hence, the present Appeal is dismissed.


6.     The Claimant is at liberty to withdraw the amount deposited by the

State/acquiring body before this court, if any.


7.     In view of dismissal of the Appeal, pending Civil Applications, if

any, do not survive and are disposed of accordingly.



                                          ( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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