Bombay High Court

THE STATE OF MAH'TRAversusDHONDIRAM BHAU HASAN NAIK and ORS

Decided: 8 April 2026
Disposal: Disposed Off
Bench: SOMASEKHAR SUNDARESAN

Holding

The appeal is dismissed and the District Judge’s award of Rs.23,400 is upheld.

Summary

The State of Maharashtra appealed against the award of compensation in a land acquisition matter involving Dhondiram Bhau Hasan Naik and others. The acquisition officer had awarded Rs.5,200, whereas the District Judge had awarded Rs.23,400. The appellant argued that the lower court's award was excessive. The High Court, noting the small quantum involved and the long pendency, declined to interfere with the District Judge’s award and directed the State to implement the judgment within twelve weeks. The order expressly stated that it does not set a precedent on any legal issues and disposed of both the appeal and the related civil application.

Subjects

land acquisition
compensation
civil appeal
appellate jurisdiction
order disposal

Judgment

                                                         936-FA–1828-2007.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CIVIL APPELLATE JURISDICTION

                     FIRST APPEAL NO. 1828 OF 2007
                                 WITH
                   CIVIL APPLICATION NO.6299 OF 2000
                                   IN
                      FIRST APPEAL NO.1828 OF 2007


State of Maharashtra                                  ….Appellant
         Versus
Dhondiram Bhau Hasan Naik & Ors.                      ....Respondents



     Mr. A. R. Patil Addl. G.P., for the Appellant.

     Mr. P.J. Ahuja ,for the Respondents.


                      CORAM        :SOMASEKHAR SUNDARESAN, J.
                      DATE         :APRIL 8, 2026

ORDER :


1.             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. 1828 of 2007 relates to Land Acquisition Reference No.

120 of 1995.


2.             It is stated that the amount awarded by the land acquisition

officer is a sum of Rs. 5,200/- while the amount awarded by Joint



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                                                       936-FA–1828-2007.doc



District Judge, Nashik, the jurisdictional reference court by the

impugned judgement April 6, 1996, is a sum of Rs. 23,400/-.


3.          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.


4.          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.


5.          In these circumstances, the Appeal is finally disposed of.

Any Civil Applications therein are also hereby finally disposed of.


6.          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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