The Bombay High Court has confirmed that, as per Government Resolutions dated 03.11.2016 and 23.02.2017, the State must not prosecute or maintain appeals against Land Acquisition enhancement awards where the increase does not exceed four times the original amount. This judgment upholds and applies the executive policy, solidifying its precedential value for similar land acquisition matters.
Summary
| Category | Data |
|---|---|
| Case Name | CA/3823/2013 of THE STATE OF MAH AND ORS Vs RAMDAS NAMDEV LOHAR |
| CNR | HCBM030037512013 |
| Date of Registration | 21-03-2013 |
| Decision Date | 10-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | HON’BLE SHRI JUSTICE KISHORE C. SANT |
| Court | Bombay High Court |
| Bench | Aurangabad Bench |
| Precedent Value | Binding on subordinate courts in Maharashtra; persuasive elsewhere |
| Overrules / Affirms | Affirms the policy direction issued by Government of Maharashtra via GRs of 2016 and 2017 |
| Type of Law | Land Acquisition Act / Policy Application / Civil Procedure |
| Questions of Law | Whether the State can maintain appeals against land acquisition enhancement awards under the 2016 and 2017 Government Resolutions, when enhancement is less than four times the original amount awarded? |
| Ratio Decidendi |
The court held that once the Government has resolved that no appeals should be pursued where enhancement is less than four times the S.L.A.O.’s award, and requires withdrawal of pending appeals within that threshold, it is futile to continue or entertain such appeals. The case at hand was squarely covered by the relevant Government Resolutions, and thus the appeal was dismissed in accordance with stated policy. The precedent underscores the binding force of executive policy decisions on the State as a litigant in land acquisition matters. |
| Facts as Summarised by the Court | The State acquired land for the Waghur Dam project; the original award was Rs. 494/- per Sq.mtr, enhanced to Rs. 600/- per Sq.mtr; the State filed an appeal but, according to GRs of 2016 and 2017, such appeals are not to be pursued if enhancement is less than four-fold. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Maharashtra |
| Persuasive For | Other High Courts; can be cited as persuasive authority elsewhere |
| Follows | Government Resolutions dated 03.11.2016 and 23.02.2017 by the State of Maharashtra |
What’s New / What Lawyers Should Note
- The judgment directly enforces the State Government’s policy disallowing appeals in land compensation enhancement cases where the increase is less than four times the amount awarded by the S.L.A.O.
- Even if appeals are already filed, they are to be withdrawn if they fall within the prohibited category defined by policy.
- Practitioners should check the quantum of enhancement and reference relevant government resolutions before advising the State or respondents in such land acquisition appeals.
- The reasoning applies irrespective of the merits of the individual appeal if the policy threshold is not met.
- Saves court time and reduces unnecessary litigation by giving primacy to policy-backed administrative decisions.
Summary of Legal Reasoning
- The court examined the Government Resolutions dated 03.11.2016 and Corrigendum dated 23.02.2017 issued by the Government of Maharashtra.
- According to these Resolutions, when the compensation enhanced by the Reference Court is less than four times the original award of the Special Land Acquisition Officer (S.L.A.O.), the State is directed not to file appeals and to withdraw appeals, if already filed.
- In the present appeal, the enhancement was from Rs. 494/- per Sq.mtr to Rs. 600/- per Sq.mtr, which is clearly less than four times the original amount awarded.
- The court thus found the appeal to be covered entirely by the Government’s policy and deemed further proceedings futile.
- As a result, the court dismissed the State’s appeal and disposed of pending civil applications accordingly, focusing on efficient application of the governmental policy in land acquisition compensation disputes.
Arguments by the Parties
Petitioner (State of Maharashtra and Others)
- Sought condonation of 1173 days delay in filing the appeal.
- Challenged the enhancement of compensation rate by the Reference Court.
Factual Background
The State of Maharashtra acquired the respondent’s land for submergence in the Waghur Dam project. Initial award by the S.L.A.O. was Rs. 494/- per Sq.mtr, and was enhanced to Rs. 600/- per Sq.mtr by the District Court. The State filed an appeal against this enhancement, but during its pendency, a state policy disallowing such appeals below a four-fold increase was issued.
Statutory Analysis
- The court referred to the Land Acquisition Act regarding the original award and enhancement procedures.
- Central focus was on the application and effect of Government Resolutions (dated 03.11.2016 and 23.02.2017), which serve as executive policy instruments directly restricting the right of the State to litigate appeals in specified cases.
Alert Indicators
- Precedent Followed – Judgment strictly applies and reaffirms the binding nature of existing Government Resolutions by the State of Maharashtra.