Bombay High Court
THE STATE OF MAHARASHTRA (THROUGH THE SPECIAL LAND ACQUISITION OFFICER)AND ANR.versusSHRI.LAXMAN R. BENDKULI(DECEASED)THR.LRS.RADHABAI M.BENDKULI(DECEASED)LRS.BHAGWAN L.BENDKULI and OR
- Decided
- Disposal
- Disposed Off
Holding
The appeal must be withdrawn because the enhanced compensation is within four times the original award as mandated by the Government Resolutions.
Summary
The State of Maharashtra, represented by an Additional Government Pleader, relied on three Government Resolutions that set a policy for withdrawing first appeals when the compensation enhanced by the Reference Court does not exceed four times the amount awarded by the Special Land Acquisition Officer. The court examined the record and found that the enhanced compensation in the present case was indeed within the four‑times limit. Accordingly, the court applied the policy decision embodied in the Resolutions and permitted the withdrawal of the first appeal. The appeal was therefore disposed of as withdrawn, and any court fee paid was ordered to be refunded to the appellant. All pending interlocutory applications were also dismissed as they did not survive the withdrawal of the appeal.
Issues considered
- Whether the first appeal filed by the State must be withdrawn under the Government Resolutions when the enhanced compensation does not exceed four times the original award by the Special Land Acquisition Officer
Subjects
- Land Acquisition
- Compensation
- Appeal Withdrawal
- Government Policy
- Reference Court
- Special Land Acquisition Officer
Judgment
72-FA-982-19.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. 982 OF 2019
18:27:42
+0530
The State of Maharashtra Thr. Special
Land Acquisition Officer and Others … Appellants
V/s.
Laxman R. Bendkuli Deced. Thr. Lrs
Radhabai M. Bendkuli Deced. Lrs.
Bhagwan L. Bendkuli and Others … 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.
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72-FA-982-19.doc
2. Upon perusal of the record and, in particular, the amount of
compensation awarded by the Special Land Acquisition Officer and
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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