Appeal by the State of Maharashtra against an L.A.R. decision. The court disposed of the appeal by holding that the matter is covered by a common judgment dated 12.6.2008 regarding companion cases.
Appeal and companion Civil Applications disposed of; parties to bear own costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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2898.06
rng
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.2898 OF 2006
in
L.A.R. NO.42 OF 2002
1.The State of Maharashtra
vs
1.Nira Dharma Bhagat & ors ..Respondents
Mr.Anand Patil A.G.P. for Appellant.
Mr.S.G.Surana for Respondents
CORAM : A.M.KHANWILKAR &
N.M.JAMDAR, JJ
27th February, 2012
P.C.
1. This Appeal takes exception to the Judgment and
decree dated 2.12.2004 passed by the Court of Joint Civil
Judge,Senior Division, Alibag, District Raigad in L.A.R.No.
42 of 2002. The Reference Court has partly allowed the
Reference.
2. The State of Maharashtra has preferred this Appeal to
challenge the said decision. However, it is not in dispute
that a group of matters which were covered under the same
Notification dated 3.2.1970 intending to acquire lands from
Panvel and Kamothe villages in Raigad District, has been
disposed of together by a common judgment dated 12.6.2008
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2898.06
rng
in First Appeal NO.604 of 1995 and companion cases.
3. The learned A.G.P. appearing for the Appellant on
instructions states that the present Appeal is fully
covered by the above said decision and can be disposed of
on the same basis. As regards the lands of the Claimants
in the present case, the same would be covered by category
A referred to in para 17 of the above said decision of the
lands falling within 2800 meters of the Bombay-Pune Express
Highway. As per the said decision the market rate of Rs.
21/- per sq metre has been determined by this Court. The
same rate will have to be given to the Respondents-
Claimants in respect of lands which are covered by the said
Notification. In the present case, it is common ground
that the Award is passed on 24.3.1976. Thus, the
Respondents-Claimants will not be entitled to get benefits
as per amendment of 1982.
4.Accordingly, this Appeal and companion Civil
Applications are disposed of leaving the parties to bear
their own costs.
(N.M.JAMDAR, J)
rng 3 2898.06
1 provisions across 1 enactments
The State of Maharashtra
Nira Dharma Bhagat
A.M.KHANWILKAR
N.M.JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court