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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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