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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