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Bombay High Court

THE STATE OF MAHARASHTRA (THROUGH THE SPECIAL LAND ACQUISITION OFFICER)AND ANR.versusSHRI.RAMESH TUKARAM MAHALE

Decided
Disposal
Disposed Off

Holding

The appeal is withdrawn as it falls within the parameters of the Government Resolutions.

Summary

The State of Maharashtra, represented by an Additional Government Pleader, sought to withdraw its first appeal against a compensation award in a land acquisition matter involving Ramesh Tukaram Mahale. The State relied on three Government Resolutions (dated 3 November 2016, 11 May 2018, and 13 August 2018) which stipulate that if the Reference Court's enhancement of compensation does not exceed four times the amount awarded by the Special Land Acquisition Officer, the appeal must be withdrawn. The court examined the compensation figures and found the enhancement to be within the four‑times limit, thereby falling under the policy. Consequently, the court permitted the withdrawal of the appeal, ordered a refund of any court fee paid, and dismissed any pending interlocutory applications. The appeal was thus disposed of as withdrawn.

Issues considered

  • Whether the first appeal filed by the State should be withdrawn under the Government Resolutions when the compensation enhancement is within four times the original award

Subjects

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

Judgment

                                                                               70-FA-980-19.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. 980 OF 2019
        18:27:40
        +0530




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

                     Ramesh Tukaram Mahale                         … 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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                                                         70-FA-980-19.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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