Bombay High Court
EXECUTIVE ENGINEER NANDUR MADHYAMESHWAR PROJECT NASHIKversusBHAURAO RAMA KHARE (SINCE DECEASED THR LRS BABANBHAI BHAURAO KHARE AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The appeal must be withdrawn because the enhanced compensation falls within the four‑times limit prescribed by the Government Resolutions.
Summary
The Executive Engineer (State) appealed the compensation awarded by the Special Land Acquisition Officer in several land acquisition cases. The Reference Court enhanced the compensation, but the enhancement did not exceed four times the original award. The State relied on Government Resolutions dated 3 November 2016, 11 May 2018 and 13 August 2018, which mandate withdrawal of any appeal where the enhanced amount is within this four‑times limit. The High Court examined the amounts and found them within the prescribed threshold, thereby applying the policy. Accordingly, the Court ordered that the first appeals be withdrawn, refunded any court fee paid, and dismissed all pending interlocutory applications.
Issues considered
- Whether the State's first appeal must be withdrawn under the Government Resolutions when the enhanced compensation is within four times the amount awarded by the Special Land Acquisition Officer.
- Whether the Court may order a refund of the court fee upon withdrawal of the appeal.
Subjects
- Land Acquisition
- Compensation
- Government Policy
- Appeal Withdrawal
- Special Land Acquisition Officer
- Reference Court
- Court Fee Refund
Judgment
21-FA(ST)-3823-26.doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO. 3823 OF 2026
WITH
INTERIM APPLICATION NO. 2070 OF 2026
WITH
INTERIM APPLICATION NO. 2069 OF 2026
Executive Engineer, Nandur
Madhyameshwar Project. … Appellant
V/s.
Bhaurao Rama Khare (Since Deceased
Thr Lrs Babanbhai Bhaurao Khare And
Ors. … Respondents
WITH
FIRST APPEAL (ST) NO. 3827 OF 2026
Executive Engineer, Nandur
Madhyameshwar Project. … Appellant
V/s.
Madhav Baraku Bhad and Others … Respondents
WITH
INTERIM APPLICATION NO. 2064 OF 2026
WITH
INTERIM APPLICATION NO. 2063 OF 2026
WITH
FIRST APPEAL (ST) NO. 3830 OF 2026
Executive Engineer, Nandur
Madhyameshwar Project. … Appellant
V/s.
1
21-FA(ST)-3823-26.doc
Vitthal Balwant Jadhav Since Deced.
Thr. Lrs Sunanda Bajirao Pawar and
Others … Respondents
WITH
INTERIM APPLICATION NO. 2071 OF 2026
WITH
INTERIM APPLICATION NO. 2072 OF 2026
WITH
FIRST APPEAL (ST) NO. 3834 OF 2026
Executive Engineer, Nandur
Madhyameshwar Project. … Appellant
V/s.
Arun Pandharinath Bhavar and Others … Respondents
WITH
INTERIM APPLICATION NO. 2062 OF 2026
WITH
INTERIM APPLICATION NO. 2092 OF 2026
WITH
FIRST APPEAL (ST) NO. 3837 OF 2026
Executive Engineer, Nandur
Madhyameshwar Project. … Appellant
V/s.
Subhash Tukaram Bhavar and Others … Respondents
WITH
INTERIM APPLICATION NO. 2065 OF 2026
WITH
INTERIM APPLICATION NO. 2066 OF 2026
WITH
FIRST APPEAL (ST) NO. 4632 OF 2026
Executive Engineer, Nandur
Madhyameshwar Project. … Appellant
V/s.
Sahebrao Gangadhar Gavali and Others … Respondents
2
21-FA(ST)-3823-26.doc
WITH
INTERIM APPLICATION NO. 2068 OF 2026
WITH
INTERIM APPLICATION NO. 2067 OF 2026
WITH
FIRST APPEAL (ST) NO. 3820 OF 2026 (NOB)
Executive Engineer, Nandur
Madhyameshwar Project. … Appellant
V/s.
Sumanbai Ramnath Bhad And Ors. … Respondents
WITH
INTERIM APPLICATION NO. 2598 OF 2026
WITH
INTERIM APPLICATION NO. 2600 OF 2026
Ms. Chaitrali Deshmukh, for Appellant-Applicant.
Mr. A. R. Patil, Additional GP for State-Respondent No.
2.
Mr. Sachin Gite, for Respondent no. 1.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 29, 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 appeals filed by
the State is liable to be withdrawn. The learned Additional
3
21-FA(ST)-3823-26.doc
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
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 appeals are 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 appeals, all pending
interlocutory applications, if any, do not survive and are
accordingly disposed of.
(AMIT BORKAR, J.)
4
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.