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Bombay High Court

THE STATE OF MAHARASHTRAversusSHRI NANA SHRAVAN KADALI and ORS.

Decided
Disposal
Allowed To be withdrawn

Holding

The appeal was withdrawn and the civil application dismissed, as the difference in awards did not meet the threshold for continuation.

Summary

The State of Maharashtra appealed a determination of the Special Land Acquisition Officer (SLAO) concerning compensation awarded to the respondents. The appellate court noted that the difference between the amount awarded by the SLAO and the amount awarded by the Reference Court was less than four times the original SLAO award. On this basis, the State sought leave to withdraw its appeal, invoking the notifications dated 3 November 2016, 11 May 2018 and 13 August 2018. The court granted the leave, disposed of the appeal as withdrawn, and consequently dismissed the accompanying civil application. The court also ordered a refund of court fees in accordance with the applicable rules.

Issues considered

  • Whether the appeal filed by the State of Maharashtra may be withdrawn under the specified notifications when the compensation difference is less than four times the original SLAO award
  • Whether the civil application filed alongside the appeal survives the withdrawal of the appeal

Subjects

  • Land Acquisition
  • Appeal Withdrawal
  • Special Land Acquisition Officer
  • Civil Application
  • Court Fees

Judgment

                   ppn                                1                           902.fa-613.02.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             Digitally signed           CIVIL APPELLATE JURISDICTION
             by PRACHI
PRACHI       PRANESH
PRANESH      NANDIWADEKAR
NANDIWADEKAR                            FIRST APPEAL NO.613 OF 2002
             Date: 2026.08.06
             16:37:40 +0530
                                                    WITH
                                     CIVIL APPLICATION NO.1837 OF 2002

              The State of Maharashtra                         ….Appellant/Applicant
                          V/s.
              Nana Shravan Kadali & Ors.                       .…Respondents
                                                     ----
              Mr. A. R. Patil, Addl. G. P. for the appellant/applicant.
              Ms. Bhavana Khemani i/by Mr. Anil Ahuja for the respondents.
                                             ----
                                            CORAM : JITENDRA JAIN, J.
                                            DATED : 6 August 2026
              P.C. :

              1.         The difference between the amount awarded by the Special Land
              Acquisiton Officer (SLAO) and the Reference Court is less than four times
              the original amount awarded by the SLAO.

              2.         Therefore, the learned counsel for the State seeks leave of the Court
              to withdraw the appeal by virtue of the Notifications dated 3 November
              2016, 11 May 2018 and 13 August 2018.

              3.         Leave as prayed for is granted.

              4.         Appeal is disposed of as withdrawn.

              5.         Consequently, civil application does not survive and is disposed of.

              6.         Refund of Court fees as per Rules.


                                                                     (JITENDRA JAIN, J.)


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