Dismissed

Maharashtra Industrial Development Corporation v. Balaji Vithalrao Shinde

Bombay HC21 Feb 2013FA/3536/2008

Case brief

AI extract

What is this about?

In this first appeal regarding land acquisition compensation, the High Court of Judicature at Bombay Bench at Aurangabad examined complaints of exorbitant awards. The court observed that the claimant filed post-notification sale transactions and the enhancement was minimal, leading to the dismissal of the appeal.

What did the court decide?

First Appeal dismissed; no costs awarded; reference filed by respondent allowed.

Maharashtra Industrial Development Corporation Vs Balaji… — Land Acquisition | Bombay HC (2013)

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1 F.A. 3536.2008

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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FIRST APPEAL NO. 3536 OF 2008

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Maharashtra Industrial Development Corporation, Latur V/s Balaji Vithalrao Shinde & Ors.

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Office Notes,Office Court's or Judge's orders Memoranda of Coram,appearances, ................................ Court's orders or CORAM : S.V.GANGAPURWALA, J. directions and Registrar's orders DATE : 21/02/2013

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Mr. S.S.Dande, Advocate for the Appellant. Mr. V.B.Ghatge, A.G.P. for the State.

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PER COURT :

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The Reference filed by the respondent U/s 18 of the Land Acquisition Act is allowed. The Special Land Acquisition Officer has granted compensation @ 38,000/- [ Rupees Thirty Eight Thousand only ] per Hector and the Reference Court has enhanced it to @ 53,000/- [ Rupees Fifty Three Thousand only ] per Hector.

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2 F.A. 3536.2008

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Mr. Dande, the learned counsel for the appellant submits that the Reference Court has awarded exorbitant compensation amount. The transaction relied by the Reference Court is not in respect of similarly situated land. The same can not be the basis for awarding compensation amount.

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With the assistance of the learned counsel, I have gone through the Order.

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The land totally admeasuring 1 Hector 62 R. has been acquired. The claimant had filed on record sale transactions which were in the range of @ 60,000/- [ Rupees Sixty Thousand only ] to @ 85,000/- [ Rupees Eighty Five Thousand only ] per Hector. However, the same were not totally considered in view of the fact that the same are post notification.

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The Court has considered about the other Award passed for the land which was similarly situated.

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The enhancement which has been granted is also not much. The enhancement is only 5,000/- [ Rupees Five Thousand only ] per Acre i.e. 15,000/- [ Rupees Fifteen Thousand only ] per Hector.

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In view of the above, the First Appeal is dismissed. No costs.

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3 F.A. 3536.2008

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In view of disposal of First Appeal, the Civil Application is also disposed of.

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[ S.V.GANGAPURWALA, J. ]

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KNP/F.A. 3536.2008

Maharashtra Industrial Development Corporation v. Balaji Vithalrao Shinde

Case brief

What is this about?

What did the court decide?

Maharashtra Industrial Development Corporation v. Balaji Vithalrao Shinde

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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