Bombay High Court
THE STATE OF MAHARASHTRAversusDAMU KERU SHINDE and ORS.
- Decided
- Disposal
- Dismissed
Holding
The appeal is dismissed as the amount in dispute is meagre and does not merit adjudication by the High Court.
Summary
The State of Maharashtra appealed a compensation award in a land acquisition matter where the Special Land Acquisition Officer had fixed Rs.960, which the Reference Court enhanced to Rs.4,900. The appellant argued that the difference of Rs.3,940 was insufficient to warrant appellate adjudication. The High Court observed that the quantum involved was meagre and not worthy of the Court's time. Consequently, the Court chose not to decide the appeal on its merits. The appeal was dismissed, and any pending civil application was held not to survive. The matter was left open for adjudication in a more appropriate proceeding if necessary.
Issues considered
- What is the appropriate threshold for a civil appeal when the monetary value in dispute is minimal?
Subjects
- land acquisition
- compensation
- appellate jurisdiction
- small pecuniary value
- dismissal
Judgment
Sneha Bang 1 14.FA-1639-2002.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
17:14:05
+0530
FIRST APPEAL NO. 1639 OF 2002
The State Of Maharashtra …. Appellant
Versus
Damu Keru Shinde & Ors. .… Respondents
WITH
CIVIL APPLICATION NO. 1774 OF 1996
__________________________________________________________________
Mr. A. R. Patil, Addl. G. P. for the Appellant.
Mr. P. N. Joshi for the 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.960/- which was enhanced by the Reference Court to
Rs.4,900/-. The difference is only Rs.3,940/-.
2. In view of above, since the amount involved is only Rs.3,940/- 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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