Bombay High Court
THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER ANR ANR.versusSMT. PARWATEE JAIRAM BHOYE AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The appeal was dismissed because the enhanced compensation was less than Rs.2 lakh, and the court did not examine the merits of the award.
Summary
The State of Maharashtra appealed the judgment and award dated 19 December 2015 issued by the Civil Judge, Senior Division, Nasik, challenging the enhanced compensation awarded by the Reference Court. The appeal concerned an enhancement of less than Rs.2 lakh. The Bombay High Court, noting the administrative policy that appeals involving such limited enhancements are not entertained, held that no interference was warranted. Consequently, the First Appeal was dismissed without examining the merits of the compensation award. The court clarified that the dismissal was solely on the basis of the quantum involved and not an adjudication on the merits. All pending interlocutory applications were also disposed of.
Issues considered
- Whether an appeal against a judgment and award is maintainable when the enhanced compensation is less than Rs.2 lakh
- Whether the appellate court should interfere with the findings of the Reference Court in such cases
Subjects
- Land Acquisition
- Compensation
- Appellate Jurisdiction
- Limited Enhancement
- Procedural Dismissal
Judgment
51-fa957-2019.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 957 OF 2019
The State of Maharashtra
Through The Special Land
Acquisition Officer & Anr. … Appellants
V/s.
Parwatee Jairam Bhoye & Ors. … Respondents
Mr. A.R. Patil, Additional G.P. for the appellants/State.
ATUL
GANESH CORAM : AMIT BORKAR, J.
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI DATED : AUGUST 25, 2026
Date: 2026.08.25
17:36:14 +0530
P.C.:
1. The present First Appeal arises from the judgment and
Award dated 19 December 2015 passed by the learned Civil Judge,
Senior Division, Nasik, in L.A.R. No.204 of 2007. On consideration
of the enhanced compensation awarded by the Reference Court, it
is noticed that the amount of enhancement is less than Rs.2 lakh.
Having regard to the quantum involved and the applicable
administrative policy governing appeals in matters involving such
limited enhancement, I am of the view that no interference with
the impugned judgment and Award is warranted in the present
appeal.
2. In view of the aforesaid circumstance, the First Appeal is
dismissed.
1
51-fa957-2019.doc
3. It is clarified that this Court has not examined or adjudicated
upon the merits of the claims or the correctness of the findings
recorded by the Reference Court. The dismissal of the First Appeal
is confined to the ground that the amount of enhanced
compensation involved is less than Rs.2 lakh. The dismissal shall,
therefore, not be construed as an adjudication on the merits of the
judgment and Award under challenge.
4. In view of the disposal of the First Appeal, all pending
interlocutory applications, if any, do not survive and are
accordingly disposed of.
(AMIT BORKAR, J.)
2
Checking your session…