Single judge dismissed an appeal by the State of Maharashtra challenging an enhancement in land compensation from approximately Rs.34,965 to Rs.55,500, deeming the amount too meager for a stay or detailed consideration without operating as precedent.
Appeal dismissed; no precedent set; interim applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:BHC-AS:36021
5-fa-st-2041-2011.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO.2041 OF 2011 WITH
CIVIL APPLICATION NO.280 OF 2013
WITH CIVIL APPLICATION NO.281 OF 2013 WITH CIVIL APPLICATION NO.209 OF 2022 WITH CIVIL APPLICATION NO.229 OF 2022
IN FIRST APPEAL (ST) NO.2041 OF 2011
The State Of Maharashtra And Ors. ...Applicants Versus
Shivaji Vithoba Fopale And Ors. ...Respondents
Adv. A. R. Patil, AGP for the State.
——————
Coram : Sharmila U. Deshmukh, J. Date : September 3, 2024.
P. C. :
1. The challenge in the present Appeal by the State of Maharashtra is to the enhanced compensation granted by the Reference Court enhancing the amount from Rs.34,965/- granted by the Special Land Acquisition Officer to Rs.55,500/- granted by the Reference Court. Considering that the enhancement is of the meager amount, I am not inclined to entertain the Appeal filed by the State and the Appeal is accordingly dismissed.
1 of 2
Harish
5-fa-st-2041-2011.doc
2. Needless to clarify that the Appeal is not decided on merits and will not operate as a precedent in the other matters. Appeal stands dismissed.
3. In view of the disposal of the Appeal, Civil/Interim Applications, if any, taken out in this Appeal, does not survive and same are disposed of.
[Sharmila U. Deshmukh, J.]
2 of 2
Harish
Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 06/09/2024 19:04:47
2 issues framed by the court
Whether the High Court should entertain an appeal against the enhancement of compensation from Rs.34,965 to Rs.55,500.
Whether the enhanced amount is considered significant enough to merit judicial intervention.
State Of Maharashtra And Ors.
Shivaji Vithoba Fopale And Ors.
Sharmila U. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
