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Bombay High Court

THE STATE OF MAHARASHTRAversusSMT. YAMUNABAI R. JAGTAP

Decided
Disposal
Disposed Off

Holding

The appellate court did not interfere with the lower court’s award and disposed of the appeal.

Summary

The State of Maharashtra appealed against a land acquisition award granted to Smt. Yamunabai R. Jagtap, contending that the award of Rs. 9,952 was insufficient compared with the higher award of Rs. 26,870 ordered by the 6th Joint CJSD, Pune on 26 July 2000. The appeal was listed as a meagre‑value case. The learned Additional Government Pleader submitted that, given the small sums involved, the court should not interfere. The High Court, after noting the submissions and the long pendency, declined to interfere with the lower court’s judgment and directed the State to implement the award within twelve weeks. The order expressly stated that it did not decide any substantive legal issue and that the appeal, along with any pending civil applications, was finally disposed of.

Issues considered

  • What, if any, legal basis exists for the appellate court to interfere with the award amount in a land acquisition case where the sums involved are meagre?

Subjects

  • land acquisition
  • award amount
  • appellate jurisdiction
  • meagre sums
  • procedural disposal

Judgment

                                                          922-FA-1533-2002.doc



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                         FIRST APPEAL NO. 1533 OF 2002

 The State Of Maharashtra                                    …Plaintiff
               Versus
 Smt. Yamunabai R. Jagtap                                    …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. 1533 of

2002 relates to Land Acquisition Reference No. 224/1997.

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

sum of Rs. 9952/- while the amount awarded by 6 th Joint CJSD, Pune, the

jurisdictional reference court by the impugned judgement dated July 26, 2000

is a sum of Rs. 26,870/-.


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                                                           922-FA-1533-2002.doc



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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