Bombay High Court

THE STATE OF MAHARASHTRAversusSHRI KISAN GOPALA DESHMUKH

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

Holding

The appellate court did not interfere with the District Judge's award and ordered the State to comply with it.

Summary

The State of Maharashtra appealed against the award granted to Kisan Gopala Deshmukh and others in a land acquisition matter (Reference No. 137 of 1995). The acquisition officer had awarded Rs. 15,679, whereas the jurisdictional District Judge had awarded Rs. 77,740. The appellant argued that the lower award was correct, but the learned Additional Government Pleader highlighted the small quantum involved and the protracted pendency of the case. The Court, noting the meagre sums and the length of delay, declined to interfere with the District Judge's judgment and directed the State to implement the award within twelve weeks. No declaration on the merits was made, and both the appeal and the accompanying civil application were finally disposed of.

Issues considered

Whether the award of Rs. 15,679 by the land acquisition officer should be upheld over the District Judge's award of Rs. 77,740
Whether the appellate court should interfere with the District Judge's determination in a land acquisition compensation case

Legislation cited

Land Acquisition Act, 1894

Subjects

land acquisition
compensation award
civil appeal
judicial delay
appellate jurisdiction

Judgment

                                                      937- FA-1831-2007.docs



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CIVIL APPELLATE JURISDICTION

                     FIRST APPEAL NO. 1831 OF 2007
                                WITH
                  CIVIL APPLICATION NO.6309 OF 2000
                                  IN
                     FIRST APPEAL NO.1831 OF 2007


State of Maharashtra                                  ….Appellant
         Versus
Kisan Gopala Deshmukh & Ors.                          ....Respondents



     Mr. A.R. Patil, Addl. G.P., for the Appellant.

     Mr. P.J. Ahuja, for the Respondents.


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

ORDER :

1.       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. 1831 of 2007 relates to Land Acquisition Reference No.

137 of 1995.


2.       It is stated that the amount awarded by the land acquisition

officer is a sum of Rs. 15,679/- while the amount awarded by Joint



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                                                         937- FA-1831-2007.docs



District Judge, Nashik, the jurisdictional reference court by the

impugned judgement dated April 6, 1996, is a sum of Rs. 77,740/-.


3.       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.


4.       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.


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

Applications therein are also hereby finally disposed of.


6.       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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