Bombay High Court
THE STATE OF MAHARASHTRAversusSHRI. ZAGA RUPSING CHAURE (DECEASED) THR. LRS. SMT. JIJABAI RAMU BARDE AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The appeal is dismissed because the enhanced compensation is less than Rs. 2 lakh, and therefore no interference with the impugned judgment and award is warranted.
Summary
The State of Maharashtra, through the Special Land Acquisition Officer, appealed against a judgment and award dated 19 July 2014 concerning compensation in a land acquisition matter. The reference court had enhanced the compensation to Rs. 1,95,740, which was more than three times the original amount of Rs. 65,052 awarded by the SLAO. The appellate court observed that the enhanced amount was less than Rs. 2 lakh, a threshold beyond which it would consider interfering with the lower court's decision. Consequently, the court dismissed the first appeal, emphasizing that it had not examined the merits of the compensation claim. The dismissal was limited to the quantum of enhancement and did not constitute an adjudication on the merits of the original award. All pending interlocutory applications were also disposed of as a result of the appeal's dismissal.
Issues considered
- Whether the appellate court can interfere with a judgment and award when the enhanced compensation is less than Rs. 2 lakh
- Whether the appeal is maintainable given the quantum of enhancement
Subjects
- land acquisition
- compensation
- appellate jurisdiction
- threshold for interference
- civil appeal
- Maharashtra
Judgment
20-FA(ST)-17060-2019F.doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by SAYALI
SAYALI DEEPAK
DEEPAK UPASANI
Date:
UPASANI 2026.08.25
16:38:56 +0530
FIRST APPEAL (ST) NO. 17060 OF 2019
The State Of Maharashtra
(Through The Special Land
Acquisition Officer) And Anr. … Appellants
V/s.
Shri. Zaga Rupsing Chaure
(Deceased) Thr. Lrs. Smt. Jijabai
Ramu Barde And Ors. … Respondents
WITH
CIVIL APPLICATION NO. 93 OF 2021
WITH
INTERIM APPLICATION NO. 13356 OF 2025
WITH
INTERIM APPLICATION NO. 13357 OF 2025
WITH
CIVIL APPLICATION NO. 92 OF 2021
Mr. A. R. Patil. Additional GP for Appellant.
CORAM : AMIT BORKAR, J.
DATED : AUGUST 25, 2026
1
20-FA(ST)-17060-2019F.doc
P.C.:
INTERIM APPLICATION NO. 13357 OF 2025
1. For the reasons stated in paragraph nos. 2to 5, delay in
filing Appeal is condoned.
2. Application is allowed and disposed of.
INTERIM APPLICATION NO. 13356 OF 2025
3. For the reasons stated in the application, same is allowed
and disposed of.
4. Application is allowed and disposed of.
FIRST APPEAL (ST) NO. 17060 OF 2019
5. The present First Appeal arises from the judgment and
Award dated 19th July, 2014 passed by the learned 3rd Joint Civil
Judge, Senior Division, Nashik in L.A.R. No. 213 of 2008. On
consideration of the enhanced compensation awarded by the
Reference Court, it is noticed that the amount of enhancement is
less than Rs.2 lakh. Having regard to the quantum involved in
matters involving such limited enhancement, I am of the view
that no interference with the impugned judgment and Award is
warranted in the present appeal.
6. The amount granted by the SLAO is Rs. 65,052/-. The
enhancement granted is Rs. 1,95,740/-, which is slightly more
than three times the amount granted by the SLAO.
2
20-FA(ST)-17060-2019F.doc
7. In view of the aforesaid circumstance, the First Appeal is
dismissed.
8. It is clarified that this Court has not examined or
adjudicated upon the merits of the claims or the correctness of
the findings recorded by the Reference Court. The dismissal of
the First Appeal is confined to the ground that the amount of
enhanced compensation involved is less than Rs.2 lakh.
9. The dismissal shall, therefore, not be construed as an
adjudication on the merits of the judgment and Award under
challenge.
10. In view of the disposal of the First Appeal, all pending
interlocutory applications, if any, do not survive and are
accordingly disposed of.
(AMIT BORKAR, J.)
3
Checking your session…