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2025 DAILYLAW 76128 (BOM)

MAHARASHTRA KRISHNA VALLEY DEVELOPMENT COR-POR.THRO.ITS THE EXECUTIVE ENGINEER NEERA DEOGHAR PROJEC v. SHRI. LAXMAN DHONDU MALUSARE (DEAD) THROUGH HIS LEGAL HEIRS 1A. DHONDIBA LAXMAN MALUSARE AND ORS.

CAF/2171/2019 · 2025-11-04

Shri Abhay Ahuja

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Judgment text

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8-FA-628-2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 628 OF 2014 Maharashtra Krishna Valley Development Corporation … Appellant Versus Shri. Laxman Dhondu Malusare, since deceased through his legal heirs 1a. Dhondiba Laxman Malusare and others … Respondents WITH FIRST APPEAL NO. 759 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1796 OF 2026 (Not on Board) IN FIRST APPEAL NO. 759 OF 2014 WITH FIRST APPEAL NO. 602 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1817 OF 2026 (Not on Board) IN FIRST APPEAL NO. 602 OF 2014 WITH FIRST APPEAL NO. 606 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1685 OF 2026 IN FIRST APPEAL NO. 606 OF 2014 WITH FIRST APPEAL NO. 586 OF 2014 Kanchan Dhuri 1/9 KANCHAN PRASHANT DHURI Digitally signed by KANCHAN PRASHANT DHURI Date: 2026.01.20 20:15:30 +0530 8-FA-628-2014.doc WITH INTERIM APPLICATION (ST) NO. 1680 OF 2026 IN FIRST APPEAL NO. 586 OF 2014 WITH FIRST APPEAL NO. 597 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1793 OF 2026 (Not on Board) IN FIRST APPEAL NO. 597 OF 2014 WITH FIRST APPEAL NO. 590 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1687 OF 2026 IN FIRST APPEAL NO. 590 OF 2014 WITH FIRST APPEAL NO. 598 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1691 OF 2026 IN FIRST APPEAL NO. 598 OF 2014 WITH FIRST APPEAL NO. 585 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1694 OF 2026 IN Kanchan Dhuri 2/9 8-FA-628-2014.doc FIRST APPEAL NO. 585 OF 2014 WITH FIRST APPEAL NO. 601 OF 2014 WITH INTERIM APPLICATION NO. 432 OF 2026 IN FIRST APPEAL NO. 601 OF 2014 WITH FIRST APPEAL NO. 608 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1693 OF 2026 IN FIRST APPEAL NO. 608 OF 2014 WITH FIRST APPEAL NO. 604 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1689 OF 2026 IN FIRST APPEAL NO. 604 OF 2014 WITH FIRST APPEAL NO. 599 OF 2014 WITH INTERIM APPLICATION NO. 431 OF 2026 IN FIRST APPEAL NO. 599 OF 2014 WITH FIRST APPEAL NO. 591 OF 2014 Kanchan Dhuri 3/9 8-FA-628-2014.doc WITH INTERIM APPLICATION (ST) NO. 1681 OF 2026 IN FIRST APPEAL NO. 591 OF 2014 WITH FIRST APPEAL NO. 600 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1682 OF 2026 IN FIRST APPEAL NO. 600 OF 2014 WITH FIRST APPEAL NO. 605 OF 2014 WITH INTERIM APPLICATION NO. 436 OF 2026 IN FIRST APPEAL NO. 605 OF 2014 WITH FIRST APPEAL NO. 589 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1692 OF 2026 IN FIRST APPEAL NO. 589 OF 2014 WITH FIRST APPEAL NO. 607 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1686 OF 2026 IN Kanchan Dhuri 4/9 8-FA-628-2014.doc FIRST APPEAL NO. 607 OF 2014 WITH FIRST APPEAL NO. 603 OF 2014 WITH INTERIM APPLICATION NO. 434 OF 2026 IN FIRST APPEAL NO. 603 OF 2014 WITH FIRST APPEAL NO. 588 OF 2014 WITH INTERIM APPLICATION (ST) NO. 1695 OF 2026 IN FIRST APPEAL NO. 588 OF 2014 WITH FIRST APPEAL NO. 640 OF 2014 WITH FIRST APPEAL NO. 634 OF 2014 WITH FIRST APPEAL NO. 641 OF 2014 WITH FIRST APPEAL NO. 637 OF 2014 WITH FIRST APPEAL NO. 638 OF 2014 WITH FIRST APPEAL NO. 635 OF 2014 WITH FIRST APPEAL NO. 636 OF 2014 Kanchan Dhuri 5/9 8-FA-628-2014.doc ………... Mr. Ashish Gabhale instructed by Jay & Co., Advocate for the Appellant. Mr. A.R. Patil, Additional Government Pleader for the State. Ms. Amrita Kharkar instructed by Mr. P.H. Potnis, Advocate for the Respondents. ………... CORAM : ABHAY AHUJA, J. DATE : 20 JANUARY 2026 P.C. : Interim Application (st) No.1796 of 2026 in First Appeal No.759 of 2014, Interim Application (st) No.1817 of 2026 in First Appeal No.602 of 2014, Interim Application No.1685 of 2026 in First Appeal No.606 of 2014, Interim Application No.1680 of 2026 in First Appeal No.586 of 2014, Interim Application (st) No.1793 of 2026 in First Appeal No.597 of 2014, Interim Application No.1687 of 2026 in First Appeal No.590 of 2014, Interim Application No.1691 of 2026 in First Appeal No.598 of 2014, Interim Application No.1694 of 2026 in First Appeal No.585 of 2014, Interim Application No.432 of 2026 in First Appeal No.601 of 2014, Interim Application No.1693 of 2026 in First Appeal No.608 of 2014, Interim Application No.1689 of 2026 in First Appeal No.604 of 2014, Interim Application No.431 of 2026 in First Appeal No.599 of 2014, Interim Application No.1681 of 2026 in First Appeal No.591 of 2014, Interim Application No.1682 of 2026 in First Appeal No.600 of 2014, Interim Application No.436 of 2026 in First Appeal No.605 of 2014, Interim Application No.1692 of 2026 in First Appeal No.589 of 2014, Interim Application No.1686 of 2026 in First Appeal No.607 of 2014, Interim Application No.434 of 2026 in First Appeal No.603 of 2014 and Interim Application No.1695 of 2026 in First Appeal No.588 of 2014 : 1. Interim Application (st) No.1796 of 2026 in First Appeal No.759 of 2014, Interim Application (st) No.1817 of 2026 in First Appeal No.602 of 2014 and Interim Application (st) No.1793 of 2026 in First Appeal No.597 of 2014, are not on Board. Upon mentioning the same are taken on Board. Kanchan Dhuri 6/9 8-FA-628-2014.doc 2. These 19 Interim Applications filed by the Appellants/Original Claimants seek amendment for enhancement of the claim. 3. Ms. Kharkar, learned Counsel, appears for the Appellants/ Original Claimants and submits that since the Appellants are rustic villagers, staying in remote villages having absolutely meager source of livelihood, they were unable to file for compensation at the market value and therefore, had earlier filed restricted claims as they could not afford the Court fee. However, after withdrawal of the amounts of the compensation that have been deposited by the Respondent-State, the enhancement of the claim is being sought by way of this amendment as the Applicants/Appellants now have money also to pay the additional Court fee. 4. Ms. Kharkar submits that the Hon’ble Supreme Court in the case of Ambya Kalya Mhatre (Dead) through LRs and others vs. State of Maharashtra1, has observed that if a land owner seeks amendment of his claim, he should be permitted to amend the same as and when he comes to know the true market value. 1 2011(9) SCC 325 Kanchan Dhuri 7/9 8-FA-628-2014.doc 5. Ms. Kharkar submits that there are number of decisions of this Court relying on the decision in the case of Ambya Kalya Mhatre (Dead) through LRs and others vs. State of Maharashtra (supra), which amendment of appeals for enhancement of claim have been permitted and that this Court may permit the same without any costs or conditions in view of the decision of the Hon’ble Supreme Court. 6. Mr. Patil, learned Additional Government Pleader appearing for the State leaves it to the orders of the Court, submitting that the law is settled on the issue. 7. Having heard the learned Counsel for the parties and having considered their submissions, this Court is of the view that the Interim Applications be allowed in terms of prayer clauses (a) and (b) except to the extent that the amendments be carried out and additional court fees be paid and amended copy of the First Appeals be served and an appropriate affidavit of service be filed within a period of six weeks. 8. Interim Applications are accordingly stand allowed and disposed as above. Kanchan Dhuri 8/9 8-FA-628-2014.doc First Appeal No.759 of 2014, First Appeal No.602 of 2014, First Appeal No.606 of 2014, First Appeal No.586 of 2014, First Appeal No.597 of 2014, First Appeal No.590 of 2014, First Appeal No.598 of 2014, First Appeal No.585 of 2014, First Appeal No.601 of 2014, First Appeal No.608 of 2014, First Appeal No.604 of 2014, First Appeal No.599 of 2014, First Appeal No.591 of 2014, First Appeal No.600 of 2014, First Appeal No.605 of 2014, First Appeal No.589 of 2014, First Appeal No.607 of 2014, First Appeal No.603 of 2014 and First Appeal No.588 of 2014 : 9. Ms. Kharkar submits that the First Appeal No.602 of 2014 is the lead matter and the same be heard first. 10. List the First Appeal No.602 of 2014 for hearing on 10th March 2026 alongwith the connected First Appeals. (ABHAY AHUJA, J.) Kanchan Dhuri 9/9