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Bombay High Court

THE STATE OF MAHARASHTRAversusBHIMA PANDURANG CHAVAN (DECD.) BY LRS. AND ORS.

Decided
Disposal
Disposed Off

Holding

The Court did not interfere with the impugned judgment and ordered the State to comply with it.

Summary

The State of Maharashtra appealed against the award of compensation granted to the heirs of the deceased Bhima Pandurang Chavan in a land acquisition matter. The acquisition officer had awarded Rs. 6,034, whereas the District Judge, Nashik, had awarded Rs. 24,954. The appellant sought a revision of the lower court's award, arguing that the compensation was excessive. The High Court, noting the small quantum involved and the protracted pendency, declined to interfere with the District Judge’s decision. It directed the State to implement the award within twelve weeks and clarified that its order does not set a precedent. Consequently, the appeal was disposed of without any substantive ruling on the merits.

Issues considered

  • Whether the compensation award under the land acquisition proceeding should be altered by the appellate court

Subjects

  • land acquisition
  • compensation award
  • civil appeal
  • appellate jurisdiction
  • procedural delay
  • award enforcement

Judgment

                                                        919-FA–831-2000.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CIVIL APPELLATE JURISDICTION

                      FIRST APPEAL NO. 831 OF 2000


State of Maharashtra                                  ….Appellant
         Versus
Bhima Pandurang Chavan
(Decd.) By Lrs. And Ors.                              ....Respondents



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

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


                      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. 831 of 2000 relates to Land Acquisition Reference No.

697 of 1991.


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

officer is a sum of Rs. 6,034/- while the amount awarded by Joint




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District Judge, Nashik, the jurisdictional reference court by the

impugned judgement dated April 29, 1999, is a sum of Rs. 24,954/-.


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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