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Bombay High Court

SPECIAL LAND ACQUISITION OFFICER JALGAONversusRAVJI NAMDEO PATIL(DECD)LRS DEEPAK R.PATIL AND ORS

Disposal
DISMISSED

Holding

The appeal is dismissed as the award amount is meager.

Summary

The Special Land Acquisition Officer appealed a civil judge's award of compensation in a land acquisition case, where the judge had ordered a further payment of Rs.7,775 to the claimants. The High Court examined whether an appeal could be entertained against such a modest award. It held that the appeal could not be entertained because the amount awarded was meager, and the rate applied would not be suitable for larger acquisitions. The court noted that its reasoning would not extend to cases involving large areas and substantial sums. Accordingly, the appeal was dismissed, emphasizing the court's reluctance to entertain appeals over trivial awards in land acquisition matters.

Issues considered

  • Whether an appeal challenging a modest compensation award in a land acquisition case can be entertained by the High Court

Subjects

  • land acquisition
  • compensation award
  • appeal
  • civil procedure
  • high court
  • meager award

Judgment

2026:BHC-AUG:46278
                                                                             207-FA-2909-2008.odt
                                                    1

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                207 FIRST APPEAL NO. 2909 OF 2008

                           Special Land Acquisition Officer Jalgaon
                                           VERSUS
               Ravji Namdeo Patil (Died) Through L.Rs. Deepak R.patil And Others

                                             ……
          Mr. B.A. Shinde, AGP for Appellant-State
          Mr. H.B. Nandgawale, Advocate h/f Mr. V.G. Sakolkar, Advocate for
          Respondents
                                             ……

                                             CORAM : SIDDHESHWAR S. THOMBRE, J.
                                             DATE       : 28 SEPTEMBER, 2026
          PER COURT :

          1.         Heard the learned counsel for respective parties.

          2.         By the present first appeal, the appellant is challenging the judgment
          and award dated 13.4.2000 in L.A.R. No. 388/1999 passed by the Civil
          Judge, Senior Division, Jalgaon.

          3.         The Reference Court has directed to pay further amount of
          Rs.7,775/- to the claimants. The amount awarded is meager, against which
          present appeal is preferred.

          4.         This Court would not entertain the appeal as the amount allowed is
          meager. However, the rate granted in this appeal would not applicable in
          cases where the acquisition is of large area and the amounts granted are
          large.

          5. The appeal accordingly stands dismissed.



                                                        [ SIDDHESHWAR S. THOMBRE ]
                                                                  JUDGE
          S P Rane


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