Partly allowed

Ramdas Shridhar Dargode v. the State of Maharashtra

Bombay HC9 Apr 2008FA/772/2008

Case brief

AI extract

What is this about?

The High Court, considering a prior common judgment disposing of other appeals arising from the same land acquisition proceedings, held that the earlier judgment governs the present appeals. The State's appeal was dismissed, while the claimant's appeal was allowed, referencing compensation principles and benefits established in the earlier batch judgment.

What did the court decide?

First Appeal No. 492 of 1998 filed by the State dismissed. First Appeal No. 772 of 2008 filed by the claimant allowed in terms of the common judgment granting compensation and extra benefits.

Ramdas Shridhar Dargode Vs the State of Maharashtra — Land Acquisition | Bombay HC (2008)

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

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FIRST APPEAL NO.492 OF 1998

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The State of Maharashtra, through the Special Land Acquisition Officer, CIDCO, Nashik. Appellant

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vs.

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Ramdas S. Dargode Respondent

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Ms.S.P.Manchekar, AGP for the Appellant-State.

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Mr.P.N.Joshi for the Respondent.

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ALONG WITH

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FIRST APPEAL NO.772 OF 2008 (STAMP NO.12768/1995)

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Ramdas Shridhar Dargode Appellant vs. State of Maharashtra through the Special Land Acquisition IOfficer, CIDCO, Nashik. Respondent

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Mr.P.N.Joshi for the Appellant.

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Ms.S.P.Manchekar, AGP for the Respondent-State.

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CORAM : ANOOP V. MOHTA,J.

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DATED : 9th April, 2008

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P.C.

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A	Division	Bench	of	this	Court	in First	Appeal
No.251/1996	-	The	State	of		Maharashtra	vs.Sadashiv
Ganpat Avhad	&	ors.	along	with	other	First Appeals	by a
common	Judgment	dated	31.1.20	08	while	disposing of	the
First Ap	peals	arising	out		of	land	acquisition

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proceedings in CIDCO, Nashik has granted the reliefs as

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under:

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"44.	In view of our above	discussion on	the
different	issues involved in	the	present
appeals, cross	we dispose of all the objections filed by the	appeals parties.	and The
claimants compensation	would be entitled to on the basis of	the the market	following value
of the land d 1.4.1982.	etermined by the court as on
(i) The appea partially accep	ls filed by the claimants are ted.

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(ii) The receive	claimants would be entitled compensation for acquisition of	to their
lands at	the rate of Rs.58.80 per	sq.mtrs.
and Rs.53.55	per sq.mtrs. for	developed
(advantageous group) than advantageous grou	and undeveloped (other p) lands respectively.
(iii) The	claimants would be entitled to	the
extra benefit	of Section 23(1A) of	the
Acquisition Act from 1 the award i.e. 12th Feb	.4.1982 till the date of ruary, 1986.
(iv) The	claimants will also be entitled	to
the benefit of Section Act in accordance with	28 of the Acquisition law.
(v) All	the Appeals mentioned in paragra	ph 14
of this judgment are al the reference Court is s	lowed and the award of et aside.
(vi) In	the Appeals mentioned in paragra	ph 24
of this	judgment, the award of the	reference
Court is	set aside and the cases are	remanded
to the	reference Court for adjudication	in
accordance	with law. Firstly, the	reference
Court would	decide the question	of
maintainability	of references under Section	18
of the	Acquisition Act on the plea	of
limitation.	Secondly, if this is answer	ed in
favour of	the claimants, then it would	proceed
to determine compensa law."	tion in accordance with

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2.	There	is	no	dispute	that the	said	Notification
include	the	land		references	involved in	the	present

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Appeals and the same was also taken note of and above

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order came to be passed.

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3.	Firs	t	Appeal	No.7	72/08	(Sta	mp	No.12768/9	5)	-Ramdas
vs.	State		of	Mahara	shtra	filed	by	the	claimant	and
First	Appeal		No.492/1	998	filed	by	the	State	are	also
covered	by	the	above	judg	ment.		In	view of	this,	First
Appeal	No.4	92/98	filed	by	St	ate	is	dismissed	and	First

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Appeal No.772/08 filed by the claimant-Ramdas is allowed

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in terms of the above judgment.

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[ANOOP V. MOHTA,J.]

Ramdas Shridhar Dargode v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ramdas Shridhar Dargode v. the State of Maharashtra

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

Case details

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