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Bombay High Court

MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATIONversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Dismissed

Holding

The appeal is dismissed without addressing the merits, and the civil application does not survive.

Summary

The State of Maharashtra appealed a decision of the Special Land Acquisition Officer who had awarded Rs.21,843 as compensation, which the Reference Court enhanced to Rs.1,54,940, leaving a difference of Rs.1,33,097. The appeal concerned whether this modest sum warranted a full adjudication by the High Court. The Court observed that the amount involved was relatively small and not worth the Court's time for a detailed merits hearing. Consequently, the Court chose not to decide the substantive issues and left them open for determination in a more appropriate proceeding. The appeal was dismissed, and any accompanying civil application was held not to survive the dismissal.

Issues considered

  • Whether the High Court should entertain a full merits hearing for an appeal involving a compensation difference of Rs.1,33,097.
  • Whether the civil application filed in conjunction with the appeal survives after the appeal is dismissed.

Subjects

  • land acquisition
  • compensation
  • appeal
  • civil application
  • reference court
  • jurisdiction

Judgment

                        Sneha Bang                             1                      15.FA-1680-2002.doc


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by
           SNEHA
           JAYPRAKASH
                                                 CIVIL APPELLATE JURISDICTION
SNEHA
JAYPRAKASH BANG
BANG       Date:
           2026.07.02
           17:14:06
           +0530
                                                FIRST APPEAL NO. 1680 OF 2002

                        The State Of Maharashtra                           …. Appellant

                                     Versus

                        Ankush Sakharam Kadam                              .… Respondent

                                                             WITH
                                              CIVIL APPLICATION NO. 4531 OF 2011
                                                              IN
                                                FIRST APPEAL NO. 1680 OF 2002

                        Maharashtra Krishna Valley
                        Development Corporation                            …. Applicant

                        IN THE MATTER BETWEEN

                        The State Of Maharashtra                           …. Appellant

                                     Versus

                        The State Of Maharashtra                           .… Respondent

                                     Versus

                        Ankush Sakharam Kadam                      .… Respondent
                        __________________________________________________________________

                        Mr. A. R. Patil, Addl. G. P. for the Appellant.
                        Amrita Kharkar a/w. Sayalee Bhosale, Hrucha Joshi i/b. P. H. Potnis for
                        Respondent.
                        __________________________________________________________________

                                                           CORAM : JITENDRA JAIN, J.
                                                           DATED : 2nd JULY 2026

                        P. C. :

                        1.        This is an appeal filed by the State. The Special Land Acquisition
Sneha Bang                            2                        15.FA-1680-2002.doc


Officer awarded Rs.21,843/- which was enhanced by the Reference Court
to Rs.1,54,940/-. The difference is only Rs.1,33,097/-.

2.      In view of above, since the amount involved is only Rs.1,33,097/-
which is meagre for this Court to adjudicate the present appeal.

3.      However, the appeal is not decided on merits and issues therein are
kept open to be adjudicated in an appropriate case.

4.      Appeal is dismissed. Consequently, civil application if, any, does not
survive.


                                             [ JITENDRA JAIN, J. ]


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