Bombay High Court

THE STATE OF MAHARASHTRA.versusMOTIRAM RAGHO FASALE.

Decided: 8 May 2026
Disposal: Disposed Off
Bench: SOMASEKHAR SUNDARESAN

Holding

The court declined to interfere with the impugned judgment, allowing it to stand.

Summary

The State of Maharashtra appealed a land acquisition award granted to Motiram Ragho Fasale, challenging the amount awarded by the acquisition officer (Rs. 12,573) versus the higher sum awarded by the Joint District Judge, Nashik (Rs. 56,653). The appeal was listed among other first appeals involving small monetary amounts. The learned Advocate General submitted that, given the modest sums and the protracted pendency, the court should not interfere with the lower court’s judgment. The court agreed, noting the meagre amounts and length of the dispute, and ordered the State to comply with the impugned judgment within twelve weeks. No substantive ruling on the merits was made, and the appeal and related civil applications were finally disposed of.

Issues considered

Whether the impugned judgment awarding Rs 56,653 in the land acquisition matter should be set aside or modified

Subjects

land acquisition
award
appeal
meagre sum
procedural delay
court order

Judgment

                                                          927-FA-1821-2007.doc



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                           FIRST APPEAL NO. 1821 OF 2007
                                      WITH
                        CIVIL APPLICATION NO. 6260 OF 2000
                                        IN
                           FIRST APPEAL NO. 1821 OF 2007

 The State Of Maharashtra                                    …Plaintiff
               Versus
 Motiram Ragho Fasale                                        …Respondent


     Mr. A.R. Patil, AGP for the State.


                        CORAM:     SOMASEKHAR SUNDARESAN, J.
                        DATE:      May 8, 2026

ORDER :

1.        A bunch of First Appeals have been listed today by reason of the

amounts involved being meagre, as submitted by the Learned Addl. G.P. The

captioned appeals form part of such list of First Appeals.


2.        Learned AGP is willing to submit to orders of this Court considering the

meagre size of the amounts involved in this Appeal. First Appeal No.1821 of

2007 relates to Land Acquisition Reference No. 100/1995.

3.        It is stated that the amount awarded by the land acquisition officer is a

sum of Rs. 12,573/- while the amount awarded by Joint District Judge, Nashik,

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                                                           927-FA-1821-2007.doc



the jurisdictional reference court by the impugned judgement dated April 6,

1996 is a sum of Rs. 56,653/-.

4.        Taking on board the submissions by the Learned AGP, and considering

the meagre sums involved and the sheer length of time for which the matter

has remained pending, no interference is made with the impugned judgment.

The State is directed to adhere to the impugned judgement at the earliest in

any event within a period of 12 weeks from today.

5.        Nothing contained in this Order would constitute a declaration on the

merits of any legal issues involved in the Appeal to constitute a precedent for

other matters.

6.        In these circumstances, the Appeal is finally disposed of. Any Civil

Applications therein are also hereby finally disposed of.


7.        Cross objections, if any, are stood over to June 18, 2026.


8.        All actions required to be taken pursuant to this order shall be taken

upon receipt of a downloaded copy as available on this Court’s website.




                                            [ SOMASEKHAR SUNDARESAN, J.]




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