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Bombay High Court

THE STATE OF MAHARASHTRA AND ANR.versusRAGHU JAWAJI GORHE AND ORS.

Decided
Disposal
Disposed Off

Holding

The Court upheld the impugned judgment awarding Rs. 1,40,000 and dismissed the appeal.

Summary

The State of Maharashtra appealed a land acquisition award where the Land Acquisition Officer had fixed compensation at Rs. 25,250, while the jurisdictional reference court (11th Ad hoc Additional District Judge, Pune) had awarded Rs. 1,40,000. The appellant’s Additional Government Pleader (AGP) expressed willingness to submit to the court’s orders given the small sums involved. The High Court, noting the prolonged pendency and modest amounts, declined to interfere with the lower court’s judgment and directed the State to implement the Rs. 1,40,000 award within 12 weeks. The order expressly stated it would not set a precedent on any legal issues. Consequently, the appeal and the associated civil application were finally disposed of.

Issues considered

  • Whether the compensation award of Rs. 25,250 by the Land Acquisition Officer should be altered in favour of the higher award of Rs. 1,40,000 made by the jurisdictional reference court

Subjects

  • land acquisition
  • compensation award
  • civil appeal
  • High Court
  • judgment disposal

Judgment

                                                                                                   931- FA–3259-2006.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                  CIVIL APPELLATE JURISDICTION

                              FIRST APPEAL NO. 3259 OF 2006
                                         WITH
                         CIVIL APPLICATION (ST) NO.15235 OF 2006
                                           IN
                              FIRST APPEAL NO.3259 OF 2006


 State of Maharashtra                                                                         ….Appellant
            Versus
 Raghu Jawaji Gorhe & Ors.                                                                     ....Respondents




       Mr. A.R. Patil, Addl. G.P., for the Appellant.

      Advocate D.D. Shinde, i/b Y.G. Thorat for the Respondent No.2.

                                    CORAM                  :SOMASEKHAR SUNDARESAN, J.
                                    DATE                   :APRIL 8, 2026


 ORDER :


 1.                     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. 3259 of 2006 relates to Land Acquisition Reference

 No. 363 of 2000.


 2.                     It is stated that the amount awarded by the Land

 Acquisition Officer is a sum of Rs. 25,250/-, while the amount awarded

                                                             Page 1 of 2
                                                            April 8, 2026
Rutuja Borse
 (The order is corrected pursuant to the speaking to the minutes of order dated April 28, 2026.)
                                                                                                   931- FA–3259-2006.doc



 by 11th Ad hoc Addl. District Judge, Pune, the jurisdictional reference

 court by the impugned judgement December 29, 2003, is a sum of Rs.

 1,40,000/-.


 3.                     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.


 4.                     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.


 5.                     In these circumstances, the Appeal is finally disposed of.

 Any Civil Applications therein are also hereby finally disposed of.


 6.                     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.]




                                                             Page 2 of 2
                                                            April 8, 2026
Rutuja Borse
 (The order is corrected pursuant to the speaking to the minutes of order dated April 28, 2026.)


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