Remanded

Rangnath Chimaji Sathe and Ors. v. the State of Mah

Bombay HC12 Mar 2013FA/532/2013

Case brief

AI extract

What is this about?

In a first appeal regarding land acquisition compensation, the High Court accepted the appellant's grievance that an expert witness failed to appear on a subsequent date preventing evidence adduction. The impugned Award was quashed, the appellant was granted another opportunity to examine the expert, and the matter was remanded to the Reference Court to decide expeditively within six months. The a

What did the court decide?

Impugned Award quashed and set aside; parties remanded to Reference Court to decide reference expeditively within six months; First Appeal disposed of.

Rangnath Chimaji Sathe and Ors. Vs the State of Mah — Land Acquisition | Bombay HC (2013)

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F.A. 532.2013- (J)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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FIRST APPEAL NO. 532 OF 2013

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Rangnath S/o Chimaji Sathe Age : 70 Yrs., Occ. : Agril., R/o : Hanga, Tq. : Parner, Dist. : Ahmednagar. 2. Raosaheb S/o Rangnath Sathe Age : 50 Yrs., Occ. : Agril., R/o : Hanga, Tq. : Parner, Dist. : Ahmednagar. 3. Janardhan S/o Rangnath Sathe Age : 45 Yrs., Occ. : Agril., R/o : Hanga, Tq. : Parner, Dist. : Ahmednagar. 4. Ramsing S/o Rangnath Sathe Age : 43 Yrs., Occ. : Agril., R/o : Hanga, Tq. : Parner, Dist. : Ahmednagar.

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.... PETITIONERS

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V E R S U S

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The State of Maharashtra Through the Collector, Ahmednagar, Dist. Ahmednagar.

.... RESPONDENT

F.A. 532.2013- (J)

Mr. K.S.Bhore, Advocate for the Appellants.

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Mrs.Y.M.Kshirsagar, A.G.P. for the State.

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CORAM : S.V. GANGAPURWALA, J.

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DATE OF JUDGMENT: 12/03/2013

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ORAL JUDGMENT :

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Heard the learned counsel for the respective parties.

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' Admit '.

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With the consent of the learned counsel for the respective

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parties, taken up for final hearing.

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The Reference filed by the appellant U/s 18 of the Land Acquisition Act is partly allowed. The Court has not awarded any compensation to the extent of Mango trees. Aggrieved thereby the present First Appeal is filed.

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Mr. Bhore, the learned counsel for the appellants submits that

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in fact when the expert witness was brought, the Court time was over and thereafter the witness could not remain present. The learned counsel

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F.A. 532.2013- (J)

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further submits that the appellants be given an opportunity to adduce evidence.

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The learned A.G.P. submits that ample opportunity was given to the appellants.

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With the assistance of the learned counsel, I have gone through the Judgment and Award.

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It appears that the appellants are not aggrieved by the grant of compensation awarded towards the land, but they are aggrieved only with regard to non granting compensation in respect of mango trees.

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The appellants could not examine the expert witness as on the subsequent date, the said expert could not remain present.

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In light of the above, I am inclined to afford one more opportunity to the appellants to adduce evidence.

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In the result, I pass the following order :

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The impugned Award passed in L.A.R. No. 193 of 1993 is quashed and set aside.

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4 F.A. 532.2013- (J)

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The parties are relegated before the Reference Court.

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The parties shall appear before the Reference Court on

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02/04/2013.

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The Reference Court shall, after giving opportunity of hearing to the parties, decide the Reference expeditiously and preferably within six

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(6) months from today.

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The First Appeal as such is disposed of. No costs.

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[ S.V. GANGAPURWALA, J. ]

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KNP/F.A. 532.2013- (J)

Rangnath Chimaji Sathe and Ors. v. the State of Mah

Case brief

What is this about?

What did the court decide?

Rangnath Chimaji Sathe and Ors. v. the State of Mah

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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