Partly allowed

The State of Maharashtra v. Mrs.Barkibai B.Bhagat and Ors.

Bombay HC19 Apr 2005FA/245/2000

Case brief

AI extract

What is this about?

In a first appeal by the State against a judgment enhancing land acquisition compensation to Rs.35 per sq.mtr., the High Court followed a Division Bench judgment awarding Rs.25 per sq.mtr. for land near Bombay-Pune Highway. The court allowed the appeal in part, reducing compensation to Rs.25 per sq.mtr.

What did the court decide?

Compensation reduced to Rs.25 per sq.mtr.; consequential benefits reduced proportionately.

The State of Maharashtra Vs Mrs.Barkibai B.Bhagat and Ors. — Land Acquisition | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION.

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FIRST APPEAL NO.245 OF 2000.

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 The State of Maharashtra : Appellants.

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 versus

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 Smt.Barkibai Balaram Bhagat

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 & ors. : Respondents.

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 Mr.S.N.Gawade, AGP, for the State.

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 Mr.S.G.Surana for the respondents.

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CORAM : D.G.DESHPANDE,J.

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 DATED : 19th APRIL 2005.

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ORAL ORDER

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 1. Heard the learned AGP for the State and

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 the advocate for the respondents. This appeal is
 filed by the State against the judgment of the
 Reference Court dated 6th March 1996 enhancing
 the compensation to Rs.35/- per sq.mtr. Both the
 learned AGP and the advocate for the respondents
 agree that the judgment dated 16th March 2000 in
 First Appeal No.875/1985 and ors. of the
 Division Bench (comprising Justice A.P.Shah and
 Justice J.A.Patil) should apply to this case,

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 because the land in this case is acquired from
 Panvel for which the Division Bench of this Court
 in the aforesaid Judgment has awarded
 compensation at Rs.25/- per sq.mtr. depending
 upon the distance of the acquired land from the
 Bombay Pune National Highway. In the present
 case the acquired land is situated at the
 distance of 200 sq.mtr. from the Bombay Pune
 Highway. Therefore, following the aforesaid
 judgment of the Division Bench of this Court, the
 compensation has to be fixed at Rs.25/- per
 sq.mtr. Hence the order :-

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 :ORDER:

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 The appeal is partly allowed.

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 The compensation awarded by the Reference
 Court to the claimants is reduced to
 Rs.25/- per sq.mtr.

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 Consequential benefits to stand
 proportionately reduced.

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 No order as to costs.

¶23

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 [D.G.DESHPANDE]
 19/04/2005 JUDGE.

The State of Maharashtra v. Mrs.Barkibai B.Bhagat and Ors.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Mrs.Barkibai B.Bhagat and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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