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Bombay High Court

THE STATE OF MAHARASHTRAversusDADA E. RANDHAVAN

Decided
Disposal
Dismissed

Holding

The appeal is dismissed.

Summary

The State of Maharashtra appealed a land acquisition award where the Special Land Acquisition Officer initially fixed compensation at Rs.1,840, which the Reference Court later enhanced to Rs.5,865, creating a difference of Rs.4,025. The High Court observed that the quantum involved was trivial and not worthy of its detailed adjudication. Consequently, the Court chose not to decide the appeal on its merits and left the substantive issues open for determination in a more appropriate proceeding. The appeal was therefore dismissed. As a result, any accompanying civil application, if filed, was also deemed not to survive.

Issues considered

  • Whether a High Court should entertain an appeal where the monetary difference is nominal (Rs.4,025).
  • Whether the appeal can be dismissed without addressing the merits and the issues left open for future adjudication.

Subjects

  • Land acquisition
  • Appeal
  • Small monetary value
  • Jurisdiction
  • Civil application

Judgment

                        Sneha Bang                              1                        21.FA-1481-2003.doc


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
           Digitally
           signed by
           SNEHA
SNEHA      JAYPRAKASH
JAYPRAKASH BANG
BANG       Date:
           2026.07.02
                                                FIRST APPEAL NO. 1481 OF 2003
           17:14:04
           +0530                                            WITH
                                              CIVIL APPLICATION NO. 630 OF 2004
                                                              IN
                                                FIRST APPEAL NO. 1481 OF 2003

                        The State Of Maharashtra                             …. Appellant/Applicant

                                     Versus

                        Dada E. Randhavan                          .… Respondent
                        __________________________________________________________________

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

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

                        P. C. :

                        1.        This is an appeal filed by the State. The Special Land Acquisition
                        Officer awarded Rs.1,840/- which was enhanced by the Reference Court to
                        Rs.5,865/-. The difference is only Rs.4,025/-.

                        2.        In view of above, since the amount involved is only Rs.4,025/- 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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