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2019 DAILYLAW 3484 (BOM)

THE STATE OF MAHARASHTRA v. SHRI. ZAGA RUPSING CHAURE (DECEASED) THR. LRS. SMT. JIJABAI RAMU BARDE AND ORS.

CAF/93/2021 · 2026-08-25

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20-FA(ST)-17060-2019F.doc Sayali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 17060 OF 2019 The State Of Maharashtra (Through The Special Land Acquisition Officer) And Anr. … Appellants V/s. Shri. Zaga Rupsing Chaure (Deceased) Thr. Lrs. Smt. Jijabai Ramu Barde And Ors. … Respondents WITH CIVIL APPLICATION NO. 93 OF 2021 WITH INTERIM APPLICATION NO. 13356 OF 2025 WITH INTERIM APPLICATION NO. 13357 OF 2025 WITH CIVIL APPLICATION NO. 92 OF 2021 Mr. A. R. Patil. Additional GP for Appellant. CORAM : AMIT BORKAR, J. DATED : AUGUST 25, 2026 1 SAYALI DEEPAK UPASANI Digitally signed by SAYALI DEEPAK UPASANI Date: 2026.08.25 16:38:56 +0530 20-FA(ST)-17060-2019F.doc P.C.: INTERIM APPLICATION NO. 13357 OF 2025 1. For the reasons stated in paragraph nos. 2to 5, delay in filing Appeal is condoned. 2. Application is allowed and disposed of. INTERIM APPLICATION NO. 13356 OF 2025 3. For the reasons stated in the application, same is allowed and disposed of. 4. Application is allowed and disposed of. FIRST APPEAL (ST) NO. 17060 OF 2019 5. The present First Appeal arises from the judgment and Award dated 19th July, 2014 passed by the learned 3rd Joint Civil Judge, Senior Division, Nashik in L.A.R. No. 213 of 2008. 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 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. 6. The amount granted by the SLAO is Rs. 65,052/-. The enhancement granted is Rs. 1,95,740/-, which is slightly more than three times the amount granted by the SLAO. 2 20-FA(ST)-17060-2019F.doc 7. In view of the aforesaid circumstance, the First Appeal is dismissed. 8. 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. 9. The dismissal shall, therefore, not be construed as an adjudication on the merits of the judgment and Award under challenge. 10. 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.) 3