The State of Mah and Ors. Vs Jagdish Vasudeo Menan and Ors. — Bombay HC (2025) — LawSathi Research

The State of Mah and Ors. Vs Jagdish Vasudeo Menan and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 717 days in filing the appeal condoned (Civil Application No. 3774 of 2012 allowed); office directed to register the appeal; First Appeal (Stamp) disposed of in view of the Government policy notification dated 03.11.2016 and Corrigendum dated 23.02.2017; no order as to costs; pending civil applications, if any, also disposed of.

Issue for consideration

Whether the delay of 717 days caused in filing the appeal should be condoned (Civil Application No. 3774 of 2012). +1 more

Court's answer

Civil Application No. 3774 of 2012 for condonation of delay is allowed and the delay of 717 days in filing the appeal stands condoned.

Ratio / Principle

Taking into account the Government policy (notification dated 03.11.2016 with Corrigendum dated 23.02.2017) of not preferring appeals where compensation enhancement is less than four times the amount awarded by the learned S.L.A.O., and of withdrawing appeals already filed in such cases, this Court found that keeping the appeal pending would not serve any purpose.

Key takeaways

Accordingly, the First Appeal (Stamp) stands disposed of in view of the said notification, with no order as to costs.ratio¶25
In view of the disposal of the First Appeal, the pending Civil Applications, if any, also stand disposed of.ratio¶28

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Kishore C. Sant, J., 17.07.2025 - State of Maharashtra's Civil Application No. 3774 of 2012 in F.A.S.T. No. 9174/2012, arising from the State's appeal challenging the award dated 30.12.2009 in L.A.R. No. 164 of 2002 passed by the Joint Civil Judge, Senior Division, Nanded, which enhanced land compensation from the S.L.A.O.'s Rs. 1,26,700/- per hectare to Rs. 4,00,000/- per hectare (instead of Rs. 3,80,000/- per hectare): (i) the application for condonation of 717 days' delay in filing the appeal was allowed and the delay condoned; (ii) noting the Government policy (notification dated 03.11.2016 read with Corrigendum dated 23.02.2017) of not preferring appeals where enhancement is below four times the S.L.A.O. award and of withdrawing such appeals already filed, the Court held that keeping the appeal pending would not serve any purpose and disposed of the First Appeal in view of that notification, with no order as to costs; (iii) pending civil applications were likewise disposed of. The service report had shown no steps taken against deceased respondent No. 1.

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15ca3774.12

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

15 CIVIL APPLICATION NO. 3774 OF 2012 IN FAST/9174/2012

THE STATE OF MAHARASHTRA AND ORS VERSUS

JAGDISH VASUDEO MENAN AND ORS

APP for Applicants/State : Mr. R.B.Dhaware

CORAM : KISHORE C. SANT, J.

DATE : 17.07.2025.

PER COURT :

ORDER IN CIVIL APPLICATION NO. 3774 OF 2012 :-

This application is filed for condonation of delay of 717

days caused in filing appeal.

For the reasons stated in the application the application stands allowed. Delay stands condoned.

The application is disposed off.

Office to register the appeal.

ORDER IN FIRST APPEAL (STAMP) :-

The report of service of notice shows that no steps are taken against deceased respondent No. 1.

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15ca3774.12

Learned APP on this submits that in the appeal the challenge is to the award dated 30.12.2009 passed in L.A.R. No. 164 of 2002.

The learned Joint Civil Judge, Senior Division, Nanded has enhanced the amount of compensation. The amount of compensation was enhanced to Rs. 4,00,000/- per hector instead of Rs. 3,80,000/- per hector.

The learned S.L.A.O. has awarded amount @ of Rs. 1,26,700/- per hector. It is enhanced to Rs. 4,00,000/- per hector.

Considering that now the government has framed policy of not preferring the appeal in case, amount of compensation is enhanced to less than four times of the amount awarded by the learned SLAO and in the cases, where the appeals are filed the same are to be withdrawn, said policy is given in the notification dated 03.11.2016 and Corrigendum dated 23.02.2017.

Considering above, this Court finds that keeping the appeal pending would not serve any purpose. The appeal therefore, stands disposed off, in view of the said notification. No order as to the costs.

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15ca3774.12

In view of disposal of the First Appeal, the pending Civil Applications if any, are also disposed off.

( KISHORE C. SANT ) JUDGE

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