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. ]
Checking your session…