Bombay High Court

THE STATE OF MAHARASHTRAversusBHARATI KISHOR THAKKAR

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

Holding

The Court did not interfere with the impugned judgment and ordered the State to comply with the award within twelve weeks.

Summary

The State of Maharashtra appealed against a judgment awarding Bharati Kishor Thakkar Rs.21,600 in a land acquisition matter (Reference No.278/1993), contending that the award by the land acquisition officer of Rs.6,960 should stand. The High Court noted that the amounts involved were meagre and the case had been pending for a long time. Relying on the submissions of the learned Additional Government Pleader, the Court declined to interfere with the impugned judgment. It directed the State to comply with the award within twelve weeks. The order expressly states that it does not set any precedent on the merits and the appeal, along with any civil applications, is finally disposed of.

Issues considered

Whether the Court should interfere with the impugned judgment awarding Rs.21,600 in the land acquisition dispute

Subjects

land acquisition
civil appeal
small monetary claim
court order
procedural disposal

Judgment

                                                          925-FA-437-.2004.doc



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                           FIRST APPEAL NO. 437 OF 2004
                                      WITH
                        CIVIL APPLICATION NO. 5956 OF 2007
                                        IN
                           FIRST APPEAL NO. 437 OF 2004

 The State Of Maharashtra                                    …Plaintiff
               Versus
 Bharati Kishor Thakkar                                      …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.437 of

2004 relates to Land Acquisition Reference No.278/1993.

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

sum of Rs. 6,960/- while the amount awarded by Joint District Judge, Nashik,

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                                                           925-FA-437-.2004.doc



the jurisdictional reference court by the impugned judgement dated April 30,

2001 is a sum of Rs.21,600/-.

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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