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Bombay High Court

THE STATE OF MAHARASHTRAversusMURLIDHAR GANPAT NARALE

Decided
Disposal
Disposed Off

Holding

The Court did not interfere with the impugned judgment and disposed the appeal, directing the State to comply with the award within 12 weeks.

Summary

The State of Maharashtra appealed against a land acquisition award to Murlidhar Ganpat Narale, contending that the compensation fixed by the acquisition officer (Rs. 6,240) was inadequate compared to the amount awarded by the Joint District Judge, Nashik (Rs. 28,080). The appeal involved a modest monetary difference and had been pending for many years. The learned Additional Government Pleader agreed to submit to the Court’s orders given the small sums involved. The Court, noting the meagre amounts and the protracted delay, declined to interfere with the lower court’s judgment and ordered the State to implement the award within twelve weeks. No substantive legal issues were decided, and the appeal and related civil applications were finally disposed of.

Issues considered

  • What, if any, legal basis exists for the Court to interfere with the compensation award in the land acquisition proceeding given the modest sum and delay?

Subjects

  • Land Acquisition
  • Compensation
  • Civil Appeal
  • Procedural Delay
  • Meagre Sum

Judgment

                                                          930-FA-1836-2007.doc



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                          FIRST APPEAL NO. 1836 OF 2007
                                      WITH
                        CIVIL APPLICATION NO. 6319 OF 2000
                                        IN
                           FIRST APPEAL NO. 1836 OF 2007

 The State Of Maharashtra                                    …Plaintiff
               Versus
 Murlidhar Ganpat Narale                                     …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.1836 of

2007 relates to Land Acquisition Reference No. 73/1996.

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

sum of Rs. 6240/- while the amount awarded by Joint District Judge, Nashik,

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the jurisdictional reference court by the impugned judgement dated April 6,

1996 is a sum of Rs. 28,080/-.

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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