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Bombay High Court

THE STATE OF MAHARASTHRAversusV.S. PAWAR

Decided
Disposal
Disposed Off

Holding

The High Court did not interfere with the lower court’s award and ordered the State to comply with the judgment within twelve weeks.

Summary

The State of Maharashtra appealed a land acquisition award to the High Court, contending that the award of Rs. 1,877 by the acquisition officer was insufficient compared to the Rs. 8,030 awarded by the Joint District Judge, Nashik. The learned Additional Government Pleader expressed willingness to accept the Court’s orders, noting the small amounts involved and the protracted delay. The Court, after considering these submissions, chose not to interfere with the lower court’s judgment, emphasizing the meagre sums and the lengthy pendency. It directed the State to implement the impugned judgment within twelve weeks. The order expressly states it does not set a precedent on any legal issues, and the appeal along with any related civil applications were finally disposed of.

Issues considered

  • Whether the High Court should interfere with the award granted by the Joint District Judge in a land acquisition matter given the small monetary differences and delay.

Subjects

  • land acquisition
  • award
  • civil appeal
  • judgment enforcement
  • court discretion
  • delay

Judgment

                                                        917-FA-712-2000.docs


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CIVIL APPELLATE JURISDICTION

                      FIRST APPEAL NO. 712 OF 2000


State of Maharashtra                                  ….Appellant
         Versus
V.S. Pawar                               .            ....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. 712 of 2000 relates to Land Acquisition Reference No.

477 of 1990.


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

officer is a sum of Rs. 1,877/- while the amount awarded by Joint

District Judge, Nashik, the jurisdictional reference court by the

impugned judgement dated January 6, 1998, is a sum of Rs. 8,030/-.




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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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