1 18) FA 553-2015-J.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 553 OF 20 15 1. State of Maharashtra Through Collector, Nagpur. 2. Special Land Acquisition Officer No.2, V.I.D.C., Nagpur. 3. Executive Engineer Rehabilitation, Goshikhurd Project, V.I.D.C., Nagpur. ... Appellants/ Ori. Respondents (On R.A.) .. Versus .. 1] Shri Purushottam Martandrao Tupkar (Dead), through L.Rs. a. Abhay Purushottam Tupkar, aged 37 years, b. Atul Purushottam Tupkar, Aged 39 years, c. Smt. Manjusha Atul Bangal, Aged 43 years, d. Smt Hemlata Avinash Shinde, Aged 41 years, 2] Vasantrao Martandrao Tupkar, Aged 60 years, 3] Smt. Nalini Pralhad Khadse, Aged 63 years, 2026:BHC-NAG:3709 2 18) FA 553-2015-J.odt 4] Smt Shashikala Madhukarrao Dani (dead), through L.Rs. a. Ravindrakumar Madhukarrao Dani, Aged 50 years, b. Rakeshkumar Madhukarrao Dani, Aged 47 years, c. Rakhebai Madhukarrao Dani, Aged 51 years, 5] Shyam Vithalrao Tupkar, Aged 59 years, 6] Rajendra Manoharrao Naik, Aged 45 years, All are Resident of Naik Road, Behind C.P.& Berar College, Mahal, Nagpur ... Respondents/ Ori. Claimants (On R.A.) ------------------------------------------------------------------------------- Ms. S.S.Dhote, AGP for Appellant nos. 1 and 2. Shri M.A. Kadu, Advocate for Appellant no. 3. ------------------------------------------------------------------------------- CORAM : NEERAJ P. DHOTE, J. DATE : 04 /0 3 /2026 ORAL JUDGMENT This is an Appeal under Section 54 of the Land Acquisition Act, 1894 (for short, ‘L.A.Act’) by the State against the judgment and award dated 04/05/2013 passed by learned 5th Joint Civil Judge, Senior Division, Nagpur in LAC No. 131/2008. 3 18) FA 553-2015-J.odt 2. It is submitted by the learned AGP for the State that, the rate determined by the Special Land Acquisition Officer (SLAO) for the acquired lands was ranging between Rs. 88,000/- to Rs. 1,04,000/- per hectare and the learned Reference Court has enhanced the same to Rs. 1,81,500/- per hectare. She submits that, the rate of enhancement by the learned Reference Court is within four (4) times. She fairly submits that, the Government has taken a policy decision by issuing Government Resolution (G.R.) dated 03/11/2016, not to challenge the award passed by the learned Reference Court, wherein the enhancement is within four times. She further submits that, an appropriate order be passed. 3. None for the Respondents. 4. The papers on record shows that, the Respondents’ land situated at village Gondpimpari, Tq. Kuhi, District Nagpur, out of various survey numbers came to be acquired for the Gosikhurd Rehabilitation Project. The SLAO determined the compensation for the different survey number within the range between Rs. 88,000/- to Rs. 1,11,746/- per hectare. Being not satisfied with the compensation determined by the SLAO, the 4 18) FA 553-2015-J.odt Respondents preferred the Reference Application/LAC No. 131/2008 for enhancement in the compensation. The learned Reference Court by impugned judgment and award enhanced the compensation to Rs. 1,81,500/- per hectare. Against the said enhancement, this Appeal is filed. 5. Undisputedly, the State Government by issuing the G.R. dated 03/11/2016 and Corrigendum dated 23/02/2017 has taken a policy decision not to challenge the award under the Land Acquisition Act, wherein the enhancement is within four (4) times. Considering the above rate determined by the SLAO and enhanced by the learned Reference Court, it is clear that, the enhancement is within four (4) times. The Appeal, is therefore, covered by the said G.R. Hence, the following order:- ORDER i) The Appeal stands dismissed in view of the aforesaid the G.R. dated 03/11/2016 and Corrigendum dated 23/02/2017. No order order as to costs. ii) R & P be sent back to the learned Reference Court. [NEERAJ P. DHOTE, J.] B.T.K.