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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

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


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