Bombay High Court
THE STATE OF MAHARASHTRAversusSHRI PANDURANG VITHAL DEVANDE
- Decided
- Disposal
- Disposed Off
Holding
The appeal is dismissed as excessive because the compensation had already been enhanced and paid.
Summary
The State of Maharashtra appealed against the compensation awarded to Shri Pandurang Vithal Devande under the Land Acquisition Act, contending that the amount was excessive. The court examined a prior common judgment of a Division Bench dated 31 January 2008, which had granted an enhancement of compensation and noted a discrepancy in the dates of notification under Section 4 of the Act, though only one date was ultimately referenced. Counsel for the respondent highlighted Appeal No. 1501 of 1996, wherein the compensation rate had also been enhanced and the respondents had already received the enhanced amount. The court held that, given the earlier enhancement and receipt of the enhanced compensation, the State’s grievance was untenable. Consequently, the appeal filed by the State was dismissed as excessive and the appeal was disposed of.
Issues considered
- Whether the State of Maharashtra's appeal challenging the enhanced compensation awarded under the Land Acquisition Act is maintainable in view of prior enhancement orders and receipt of the enhanced amount by the respondent.
Legislation cited
- Land Acquisition Act — s. 4
Subjects
- Land Acquisition
- Compensation Enhancement
- Section 4
- Appellate Jurisdiction
- Excessive Appeal
Judgment
1. FA 295 of 1997.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 295 OF 1997
The State of Maharashtra ...Appellant
Vs.
Shri Pandurang Vithal Devande ...Respondent
*****
Mr. A. R. Patil Addl. GP for the Appellant
Mr. P. N. Joshi for the Respondent
*****
CORAM : S. M. MODAK, J.
DATE : 27th AUGUST 2026
P. C. :-
1. As directed on 20.08.2026, learned AGP has gone through the
record and submitted that as per common judgment delivered by the
Division bench on 31.01.2008, the First Appeal filed by the present
Claimants for enhancement was also disposed of by granting
enhancement. The only point which is submitted is as per that
common judgment the dates of notification under Section 4 of the
Land Acquisition Act were different. However, in the said judgment
Digitally signed
by SEEMA
SEEMA KSHITIJ
YELKAR
KSHITIJ Date:
YELKAR 2026.08.28
12:26:41 Seema 1/2
+0530
1. FA 295 of 1997.doc
only one date of such notification is referred.
2. Learned Advocate Mr. Joshi has invited my attention to the
Appeal no. 1501 of 1996 referred in the title clause and rate enhanced
by the Division bench. He submitted that even his clients have
received the amount of the enhanced compensation.
3. If it is so, then the appeal filed by the State thereby making
grievance about the amount of the compensation granted by the
Reference Court is excessive cannot survive. Hence the State’s appeal is
disposed of.
[S. M. MODAK, J.]
Seema 2/2
Checking your session…