Bombay High Court
THE STATE OF MAHARASHTRAversusBALWANT MUKUND DESHMUKH
- Decided
- Disposal
- Disposed Off
Holding
The High Court did not interfere with the impugned judgment and ordered the State to comply with the award within twelve weeks.
Summary
The State of Maharashtra filed a first appeal against a judgment of the Joint District Judge, Nashik, which awarded the respondent, Balwant Mukund Deshmukh, Rs.1,82,580 in a land‑acquisition matter (Reference No.103/1995). The acquisition officer had earlier fixed a much lower compensation of Rs.4,462. The learned Advocate General for the State submitted that the amounts involved were meagre and urged the court to refrain from detailed interference. The High Court, noting the small quantum and the protracted pendency, declined to interfere with the impugned judgment and directed the State to implement the award within twelve weeks. The order expressly stated that it does not constitute a declaration on the merits or a precedent for other cases, and the appeal along with any related civil applications were finally disposed of.
Issues considered
- Whether the High Court should interfere with the compensation award in the land‑acquisition case given the disparity between the acquisition officer’s award and the trial court’s award.
Subjects
- land acquisition
- compensation
- appeal
- civil procedure
- meagre sums
- order without precedent
Judgment
929-FA-1824-2007.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1824 OF 2007
WITH
CIVIL APPLICATION NO. 6266 OF 2000
IN
FIRST APPEAL NO. 1824 OF 2007
The State Of Maharashtra …Plaintiff
Versus
Balwant Mukund Deshmukh …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.1824 of
2007 relates to Land Acquisition Reference No.103/1995.
3. It is stated that the amount awarded by the land acquisition officer is a
sum of Rs.4,462/- while the amount awarded by Joint District Judge, Nashik,
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929-FA-1824-2007.doc
the jurisdictional reference court by the impugned judgement dated April 6,
1996 is a sum of Rs. 1,82,580/-.
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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