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Bombay High Court

THE STATE OF MAHARASHTRAversusMAHADU SOPANA DONE

Decided
Disposal
Disposed Off

Holding

The appeal is dismissed and the State is directed to comply with the district judge’s award of Rs. 7,650.

Summary

The State of Maharashtra appealed against a compensation award of Rs. 7,650 granted by the District Judge, Nashik, in a land acquisition matter (Reference No. 55 of 1991), contending that the acquisition officer had awarded only Rs. 1,830. The learned Additional Government Pleader, noting the small sums involved and the protracted delay, sought a minimal order. Justice Somasekhar Sundaresan declined to interfere with the district judge’s award and directed the State to implement the judgment within twelve weeks. The order expressly stated that it does not set a precedent on any legal issues. Consequently, the appeal and the related civil application were finally disposed of.

Issues considered

  • Whether the compensation award of Rs. 7,650 by the District Judge should be altered in favor of the lower award of Rs. 1,830 made by the land acquisition officer

Subjects

  • land acquisition
  • compensation
  • civil appeal
  • Maharashtra
  • judgment enforcement

Judgment

                                                         921-FA–430-2001.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CIVIL APPELLATE JURISDICTION

                     FIRST APPEAL NO. 430 OF 2001
                                WITH
                  CIVIL APPLICATION NO. 4196 OF 2001
                                  IN
                     FIRST APPEAL NO. 430 OF 2001

State of Maharashtra                                  ….Appellant
         Versus
Mahadu Sopana Done                                    ....Respondent



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

     Mr. P.N. Joshi, for the Respondent.


                     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. 430 of 2001 relates to Land Acquisition Reference No.

55 of 1991.


2.             It is stated that the amount awarded by the land acquisition

officer is a sum of Rs. 1,830/- while the amount awarded by Extra Joint



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District Judge, Nashik, the jurisdictional reference court by the

impugned judgement dated August 4, 1999, is a sum of Rs. 7,650/-.


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.]




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