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Bombay High Court

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

Decided
Disposal
Disposed Off

Holding

The first appeal is withdrawn as the compensation enhancement is within four times the original award, in accordance with the Government Resolutions.

Summary

The State of Maharashtra, through its Special Land Acquisition Officer, awarded compensation to Shankar Kashiram Kanoje for land acquisition. The Reference Court later enhanced the compensation, but the enhanced amount did not exceed four times the original award. The State relied on three Government Resolutions (dated 3 November 2016, 11 May 2018, and 13 August 2018) that prescribe withdrawal of any first appeal where the enhancement is within this four‑fold limit. The Additional Government Pleader argued that the present appeal fell within the scope of the policy decision. The Court examined the compensation figures and found the enhancement indeed within the prescribed limit. Consequently, the Court permitted the withdrawal of the first appeal and ordered the refund of any court fee paid.

Issues considered

  • Whether the first appeal filed by the State must be withdrawn under the Government Resolutions when the compensation enhancement does not exceed four times the original award

Subjects

  • Land Acquisition
  • Compensation
  • Government Resolution
  • Appeal Withdrawal
  • Reference Court

Judgment

                                                                               65-FA-975-19.doc



                                                                                  Sayali


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        Digitally
        signed by
        SAYALI
                                      CIVIL APPELLATE JURISDICTION
SAYALI  DEEPAK
DEEPAK UPASANI
UPASANI Date:
        2026.08.18                      FIRST APPEAL NO. 975 OF 2019
        18:27:40
        +0530




                     The State of Maharashtra Thr. Special
                     Land Acquisition Officer and Others           … Appellants
                               V/s.

                     Shankar Kashiram Kanoje                       … Respondents

                     Mr. A.R. Patil, Additional G.P. for the appellants.


                                                 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




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                                                         65-FA-975-19.doc


the enhanced amount granted by the Reference Court, it appears
that the enhancement in the present case is within four times the
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.


                                            (AMIT BORKAR, J.)




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