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Bombay High Court

THE STATE OF MAHARASHTRA and ORS.versusDHAVALCHANDRA TRIBHUVANDAS PATEL and ORS.

Decided
Disposal
Disposed Off

Holding

The appeal was deemed withdrawn and consequently dismissed.

Summary

The State of Maharashtra filed an appeal against Dhavalchandra Patel concerning compensation awarded for land acquisition. The Special Land Acquisition Officer had offered Rs.4,14,440, which the reference court enhanced to Rs.14,15,000, a figure within four times the original offer as per government notifications dated 3 November 2016, 11 May 2018 and 13 August 2018. The appellant’s additional government pleader sought to withdraw the appeal on this basis. The court examined the calculation and found the enhanced amount complied with the statutory ceiling. Consequently, the appeal was disposed of as withdrawn and the court fees were to be refunded according to the rules.

Subjects

  • land acquisition
  • compensation
  • appeal withdrawal
  • Special Land Acquisition Officer
  • court fees

Judgment

                      LSP                                1               10. FA-613-2000.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                          First Appeal No. 613 of 2000

                      The State Of Maharashtra & Ors.                 …        Appellants
                           V/s.
                      Dhavalchandra Tribhuvandas Patel & Ors.         …        Respondents

                                                        with
                                        Civil Application No. 464 of 2014
                                                        with
                                        Civil Application No. 452 of 2014
                                                        with
                                        Civil Application No. 2018 of 2014


                      Mr. A.R. Patil                    Addl.G.P. for the Appellants
                      Mr. Aryavrat Dube i/b. Mr.        Advocate for the Respondents
                      S.S.Kulkarni                      Nos.3 to 7 A.
         Digitally
         signed by
                      Ms. P.M. Bhansali a/w. Mr. Arafat Advocate for Respondent
         LATA
LATA
SUNIL
         SUNIL
         PANJWANI
PANJWANI Date:
         2026.10.09
                      Siddique                          NO.23.
         18:41:49
         +0530




                                                 CORAM : S.M. MODAK, J

                                                   DATE : 8th October 2026.

                      P.C. :
                      1.       Heard learned AGP. Also heard learned Advocate for the
                      Respondent Nos.3 to 7-A/tenants of the acquired land.

                      2.       Learned Addl. G.P. seeks withdrawal of the Appeal as the
                      amount enhanced by the Reference Court is within 4 times of the
                      amount offered by the Special Land Acquisition Officer. This is on
LSP                                 2                 10. FA-613-2000.doc


the basis of the Government Notifications dated 3 rd November 2016,
11th May 2018 and 13th August 2018.

3.    The relevant calculation is as follows:


a) Amount awarded by SLAO                  4,14,440/-
b) The amount of enhanced compensation 14,15,000/-
   excluding interest, solatium and others
c) Four times amount comes to              Rs.16,57,760/-


4.    The Appeal is disposed of as withdrawn. Refund of Court fees
is as per Rules.



                                                (S.M. MODAK, J.)


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