Dismissed

The State of Maharashtra v. Shri Vinod Chandrakant Pitale

Bombay HC21 Apr 2005FA/31/1998

Case brief

AI extract

What is this about?

This civil appeal by the State challenged the Reference Court's enhancement of land compensation. The court upheld the enhancement, dismissing the appeal as the Reference Court correctly noted the State Land Acquisition Officer had failed to justify reducing the value from Rs.60 to Rs.40 per sq. mtr.

What did the court decide?

The appeal is dismissed with no order as to costs.

The State of Maharashtra Vs Shri Vinod Chandrakant Pitale — 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.31 OF 1998.

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 The State of Maharashtra : Appellants.

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 versus

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 Shri Vinod Chandrakant Pitale

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 & anr. : Respondents.

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

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 None for the respondents.

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CORAM : D.G.DESHPANDE,J.
 DATED : 21st APRIL 2005.

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ORAL ORDER

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 1. Heard the learned AGP for the
 State/Appellant. Nobody is present for the

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 respondents. This appeal is filed by the State
 challenging the order of the Reference Court
 dated 17.7.1997 in a reference under Land
 Acquisition Act. 7130 sq.mtrs land of the
 claimant was acquired by the State. The Special

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 Land Acquisition Officer awarded him Rs.40/- per
 sq.mtr. The reference Court enhanced it to
 Rs.60/- per sq.mtr., and therefore, this appeal
 by the State.

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 2. I do not find any merit in this appeal.

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 Because the SLAO, in his award, has come to the
 conclusion that price of the land at the time was
 Rs.120/- per sq.mtr. but that was the price for
 developed land and for undeveloped land,
 according to him, the price would be Rs.60/- per
 sq.mtr. The Reference Court rightly found that
 the reasonings given by the SLAO for awarding
 Rs.40/- per sq.mtr. only were not proper. if
 the SLAO has come to the conclusion that the
 price was Rs.60/- per sq.mtr. then he was not
 justified in reducing the price to Rs.40/- per
 sq.mtr. The reference Court, therefore, rightly
 enhanced the compensation from Rs.40/- to Rs.60/-
 per sq.mtr. There is no illegality committed in
 that regard. No interference is called for.
 Hence the appeal is dismissed. No order as to
 costs.

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 [D.G.DESHPANDE]

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 21/04/2005 JUDGE.

The State of Maharashtra v. Shri Vinod Chandrakant Pitale

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Shri Vinod Chandrakant Pitale

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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