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Bombay High Court

THE STATE OF MAHARASHTRAversusRAYBHAN R. GORADE

Decided
Disposal
Dismissed

Holding

The appeal is dismissed and the civil application is disposed of.

Summary

The State of Maharashtra appealed against an order of the Reference Court dated 19 December 2000 concerning a land acquisition award. The Special Land Acquisition Officer had initially awarded Rs. 3,360, which the Reference Court enhanced to Rs. 22,386, a difference of Rs. 19,026. The appellant argued that the enhanced amount should be upheld, but the High Court observed that the quantum involved was meager. Consequently, the Court dismissed the appeal on the ground that the amount was too small to warrant further litigation. With the appeal dismissed, the accompanying civil application was also ordered to be disposed of.

Issues considered

  • What is the appropriate quantum for maintaining an appeal in a land acquisition award when the amount is relatively small?

Subjects

  • land acquisition
  • appeal
  • reference court
  • quantum of suit
  • civil application disposal

Judgment

                      HMK                                                              40. FA-910-2011.doc


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                              FIRST APPEAL NO. 910 OF 2011
                                                          WITH
                                           CIVIL APPLICATION NO. 1768 OF 2011
         Digitally
SAYYED   signed by
         SAYYED
SAEED    SAEED ALI
ALI      AHMED ALI
                      The State Of Maharashtra                            ….Appellant/Applicant
         Date:
AHMED    2026.07.02
ALI      17:30:29
         +0530


                                 Versus

                      Raybhan R. Gorade                          .…Respondent
                      __________________________________________________________________

                      Mr. A. R. Patil, Additional G. P. for the Appellant/Applicant.
                      Mr. Onkar Gholap i/by Mr. Santosh L. Patil for the Respondent.
                      __________________________________________________________________

                                                         CORAM : JITENDRA JAIN, J.
                                                         DATED : 02nd JULY 2026

                      P. C. :

                      1.        This Appeal is filed by the State, challenging the order of the
                      Reference Court dated 19th December, 2000.

                      2.        The Special Land Acquisition Officer (SLAO) awarded Rs. 3,360/-,
                      which was enhanced by the Reference Court to Rs. 22,386/-. The difference
                      between two figures is only Rs. 19,026/-.

                      3.        Since the amount is meager, the Appeal is dismissed. Consequently,
                      Civil Application does not survive and is disposed of accordingly.




                                                                          [ JITENDRA JAIN, J. ]




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