Created by Fuzzy Cloud

Bombay High Court

THE STATE OF MAHARASHTRAversusKALU ABA KILBILE and ORS.

Decided
Disposal
Disposed Off

Holding

The Court did not interfere with the impugned judgment and ordered the State to comply with the compensation award within 12 weeks.

Summary

The State of Maharashtra appealed against the compensation awarded in a land acquisition matter involving Kalu Aba Kilbile & Ors. The acquisition officer had awarded Rs.264, while the Joint District Judge had awarded Rs.1,42,060. The appeal was listed among other first appeals due to the small amounts involved. The learned Advocate General submitted that the Court consider the meagre sums and the long pendency, and the Court decided not to interfere with the impugned judgment. The State was directed to implement the judgment within 12 weeks, and the appeal along with any civil applications was finally disposed without setting any precedent.

Subjects

  • land acquisition
  • compensation
  • civil appeal
  • court procedure
  • meagre sums

Judgment

                                                                                 936-FA-494-2008+.doc



                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION

                                                   FIRST APPEAL NO. 494 OF 2008
                                                              WITH
                                              CIVIL APPLICATION (ST) NO. 1506 OF 1997
                                                               IN
                                                   FIRST APPEAL NO. 494 OF 2008

                        The State Of Maharashtra                                    …Plaintiff
                                   Versus
                        Kalu Aba Kilbile & Ors                                      …Respondents


                            Mr. A.R. Patil, AGP for the State.
          Digitally
          signed by
          ASHWINI
ASHWINI   JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
                                                CORAM     : SOMASEKHAR SUNDARESAN, J.
          2026.05.19
          16:02:57
          +0530
                                                DATE      : May 8, 2026

                       ORDER :

                       1.        A bunch of First Appeals have been listed today by reason of the

                       amounts involved being meagre, as submitted by the Learned Addl. G.P. The

                       captioned appeals form part of such list of First Appeals.


                       2.        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.494 of

                       2008 relates to Land Acquisition Reference No.107/1995.

                       3.        It is stated that the amount awarded by the land acquisition officer is a

                       sum of Rs.264/- while the amount awarded by Joint District Judge, Nashik,

                                                           Page 1 of 2
                                                          May 8, 2026
                       Ashwini Vallakati
                                                           936-FA-494-2008+.doc



the jurisdictional reference court by the impugned judgement dated April 6,

1996 is a sum of Rs.1,42,060/-.

4.        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.

5.        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.

6.        In these circumstances, the Appeal is finally disposed of. Any Civil

Applications therein are also hereby finally disposed of.


7.        Cross objections, if any, are stood over to June 18, 2026.


8.        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
                                   May 8, 2026
Ashwini Vallakati


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.