Dismissed

The Executive Engineer Medium Project Division Osmanabad through Maharashtra Krishna Valley Dev Cor v. the State of Maharshtra and Arn

Bombay HC19 Dec 2013FA/351/2012

Case brief

AI extract

What is this about?

Three first appeals challenging the enhancement of land acquisition compensation awards were dismissed. The High Court upheld the Reliance on a Government-approved valuer's report which was properly proved and uncontested, citing a Supreme Court precedent.

What did the court decide?

First appeals were dismissed with no order as to costs.

The Executive Engineer Medium Project Division Osmanabad… — Land Acquisition | Bombay HC (2013)

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1 fa 351.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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FIRST APPEAL NO. 351 OF 2012

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The Executive Engineer Medium Project Division Osmanabad Through Maharashtra Krishna Valley Dev. Corp. .. Appellant

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Versus

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The State of Maharashtra and another .. Respondents

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Shri Gulab Rajale, Advocate for the Appellant. Shri B. L. Dhas, A.G.P. for the Respondent/State.

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WITH

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FIRST APPEAL STAMP NO. 26686 OF 2013

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The Executive Engineer, Medium Project Division, Osmanabad .. Appellant

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Versus

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The State of Maharashtra and Another .. Respondents

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Shri Gulab Rajale, Advocate for the Appellant. Smt. M. S. Patni, A.G.P. for the Respondent/State.

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WITH

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FIRST APPEAL STAMP NO. 26697 OF 2013

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The Executive Engineer, Medium Project Division, Osmanabad .. Appellant

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Versus

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The State of Maharashtra and Another .. Respondents

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2 fa 351.12

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Shri Gulab Rajale, Advocate for the Appellant. Smt. S. A. Dhumal, A.G.P. for the Respondent/State.

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CORAM : S. V. GANGAPURWALA, J. DATE : 19TH DECEMBER, 2013.

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PER COURT :

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. In all these matters the house properties of the claimants have been acquired for Sakat Medium Project tank and for new gaothan.

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The Reference Court has partly allowed the references and enhanced the compensation amount by Rs. 30,000/-. The same is assailed by the acquiring body.

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Mr. Rajale, the learned counsel for the appellant submits that, the Special Land Acquisition Officer had relied upon the valuation made by the Engineer and had rightly awarded the compensation amount. The Reference Court placed the reliance on the report of private valuer, which cannot be said to have been proved. The said valuation report could not have been accepted as it is. The said valuation report is not reliable as there is nothing on record to show that the valuer had visited the spot and had done the personal inspection. According to the learned

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3 fa 351.12

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counsel in absence of the proof of actual visit to the spot, the report of the valuer could not have been relied.

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With the assistance of learned counsel I have gone through the judgment and award passed by the Reference Court. The enhancement is not much. The private valuer who has submitted the valuation report is a Government approved valuer. He has stepped into the witness box and has deposed before the Court. His evidence is not shattered in the cross examination. There is nothing to disbelieve the said report. The Reference Court has relied upon the judgment of the Apex Court in a case of Mahesh Dattatraya Thirthkar Vs. State of Maharashtra reported in 2009 L.A.C. 592 to hold that the report of the private valuer can be relied, if properly proved. It has been observed by the Court that, there is no rebuttal to the said valuer's report.

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Considering the aforesaid aspects of the matters, first appeals are dismissed, however, with no order as to costs.

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[ S. V. GANGAPURWALA, J. ]

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bsb/Dec. 13

The Executive Engineer Medium Project Division Osmanabad through Maharashtra Krishna Valley Dev Cor v. the State of Maharshtra and Arn

Case brief

What is this about?

What did the court decide?

The Executive Engineer Medium Project Division Osmanabad through Maharashtra Krishna Valley Dev Cor v. the State of Maharshtra and Arn

Case brief

What is this about?

What did the court decide?

What the court decided

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