Dismissed

The State of Maharashtra v. Shri Tulshiram Narayan Patil

Bombay HC6 Sept 2007FA/1082/1991

Case brief

AI extract

What is this about?

This appeal and cross-objection challenge a lower court's judgment fixing land acquisition compensation at Rs 11/sq m. The court relied on a concurrent Division Bench judgment (First Appeal No 1049 1989) which fixed a higher rate of Rs 15/sq m for the same village. Since a higher rate is already applicable, the challenge to the lower rate was deemed without merit. The appeal and cross-objection we

What did the court decide?

Appeal and cross-objection dismissed. No costs.

The State of Maharashtra Vs Shri Tulshiram Narayan Patil — Land Acquisition | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION

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FIRST APPEAL NO.1082 OF 1991 WITH CROSS OBJECTION NO.4327 OF 1991

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The State of Maharashtra (At the instance of Special Land Acquisition Officer, Metro Centre No.2,Panvel).

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Appellant (Orig.Opponent)

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vs.

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Shri Tulshiram Narayan Patil, age 45, Occu: Agriculture, R/o. Taloja Majkur, Panvel. Respondent (Orig.Claimant.

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Mrs.G.P. Mulekar, AGP i/b.Government Pleader for the appellant.

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CORAM : ANOOP V. MOHTA,J.

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DATED : 6th September, 2007

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ORAL JUDGMENT:

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This is	an	appea	l and	the	cross-ob	jection by the
State Government	wher	eby	challenge	has	been	made to the
judgement and	award	da	ted 5.1	1.1990	whe	reby the learned
Reference Court	has	fixed	the	mark	et	value of the
acquired land at	the	rate	of	Rs.11/-	per	square metre.
The learned counsel	fo	r t	he State	f	airly	pointed out the
judgement passed	by	the	Division	Ben	ch of	this Court
dated 31.8.204	in	First	Appeal	No.1	049/1989	wherein in
the matter of	the	land	situated	in	the	revenue village
of Chal to	the	north	of Panv	el	and	MIDC Industrial

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Estate,	afte	r	consid	ering the	material		availabl	e	on
record	i	ncluding	the	surrounding	villages	and	l	and,	has
increased	th	e	rate	from Rs.8/-	to Rs.1	5/-	per		square
metre.	The	land	invo	lved in the	present	case	is	also	of
village	Chal.		The	Notification	is also	the	same.		In
this	backg	round,	even	challenge	as mad	e by	the		original
claimants	i	n	the	cross-objection	and to		the		specific
prayer	to	a	ward	the compensati	on of	Rs.25/-	per		metre
also ca	nnot	be	accepted.	The	State ch	allenge	is	only	to
the enh	anced	rate	of	Rs.11/- per	square	metre.		There	is

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no point in interfering with the impugned judgement and

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award, in view of the above Division Bench judgement.

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Resultantly, the present appeal as well as the

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corss-objection stand dismissed. No costs.

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[ANOOP V. MOHTA,J.]

The State of Maharashtra v. Shri Tulshiram Narayan Patil

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Shri Tulshiram Narayan Patil

Case brief

What is this about?

What did the court decide?

What the court decided

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