Bombay High Court
THE STATE OF MAH'TRAversusPANDU RAGHO FASALE
- Decided
- Disposal
- Disposed Off
Holding
The Court does not interfere with the impugned judgment and orders the appeal disposed.
Summary
The State of Maharashtra appealed against a compensation award of Rs.12,573 made by the land acquisition officer, seeking to enforce a higher award of Rs.56,653 granted by the Joint District Judge, Nashik, in a land acquisition matter (Reference No. 98/1995). The issue was whether the lower award should be altered in favor of the higher one. The Court, noting the meagre amounts involved and the protracted pendency, accepted the learned Additional Government Pleader’s submission and chose not to interfere with the impugned judgment. No substantive legal questions were decided, and the order expressly states it does not set a precedent. The Court directed the State to comply with the judgment within 12 weeks and disposed of the appeal and related civil applications.
Issues considered
- Whether the compensation award of Rs.12,573 by the land acquisition officer should be altered to the higher award of Rs.56,653 awarded by the Joint District Judge
Subjects
- land acquisition
- compensation
- civil appeal
- meagre sum
- procedural disposal
- judgment enforcement
Judgment
923-FA-237-2003.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 237 OF 2003
WITH
CIVIL APPLICATION (ST) NO. 1450 OF 1997
IN
FIRST APPEAL NO. 237 OF 2003
The State Of Maharashtra …Plaintiff
Versus
Pandu Ragho Fasale …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.237 of
2003 relates to Land Acquisition Reference No. 98/1995.
3. It is stated that the amount awarded by the land acquisition officer is a
sum of Rs.12,573/- while the amount awarded by Joint District Judge, Nashik,
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923-FA-237-2003.doc
the jurisdictional reference court by the impugned judgement dated April 6,
1996 is a sum of Rs. 56,653/-.
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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